Our free Trade Mark Essentials in New Zealand guide explains how to register and defend your trade mark registration.<\/p>\n <\/div>\n \n\nDownload Now<\/a> <\/section>\n <\/div>\n\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n
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- a company;<\/li>\n\n\n\n
- an individual;<\/li>\n\n\n\n
- two partners;<\/li>\n\n\n\n
- one or more of the company owners; and <\/li>\n\n\n\n
- other legal entities, such as an incorporated society.<\/li>\n<\/ul>\n\n\n\n
If you fit into one of the above categories, you are eligible to register a trade mark with the Intellectual Property Office of New Zealand (IPONZ) <\/p>\n\n\n\n
Trade Mark Registration Under Your Own Name<\/h2>\n\n\n\n
Although you can register a trade mark under your given name, you need to assess who will control the mark in practice. By assessing this, you can determine the best legal owner of the trade mark. <\/p>\n\n\n\n
This is relevant for several reasons. For example, if the registered owner of a trade mark does not use it within a certain period, it may be removed from the trade mark register. <\/p>\n\n\n\n
This can happen after a mark has not been put to \u2018good use\u2019 in New Zealand by the owner for a continuous period of three years or more before the application for removal. For example, suppose an individual owns the mark, but the company uses it. Here, there is a risk that the mark may be successfully removed from the register on a technicality. This is because the owner itself has not been using the trade mark. <\/p>\n\n\n\n
Consider you own a company but intend to register a trade mark under your name. In these circumstances, you must prepare a licensing agreement between you and your company. This licensing agreement will permit the company to use your trade mark to avoid removal for non-use.<\/p>\n\n\n\n
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\n \n Trade Mark Essentials in New Zealand<\/div>\n\n