Trade Marks Act 2002

Process for obtaining registration of trade mark and other matters - Applications - General

32: Application: how made

You could also call this:

"How to apply for registering your trade mark"

If you think you own a trade mark or a group of trade marks, you can ask for it to be registered. You might have to pay a fee to do this. You can apply to register your trade mark for specific goods or services in one or more classes. You can also apply for both goods and services in one or more classes.

When you apply, you need to be clear about what goods or services you want to use your trade mark for. The Commissioner won't let you register a trade mark for all the goods and services in a class, or for lots of different goods or services, unless you can show that you are using or planning to use the trade mark for all of them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164490.


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31: Classification of trade marks, or

"Trade marks are sorted into groups based on what they're used for"


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33: Joint applications, or

"When more than one person wants to share a trade mark"

Part 3Process for obtaining registration of trade mark and other matters
Applications: General

32Application: how made

  1. A person claiming to be the owner of a trade mark or series of trade marks may, on payment of the prescribed fee (if any), apply in the prescribed manner (if any) for the registration of the trade mark or series of trade marks used or proposed to be used in respect of the following:

  2. particular goods or services within 1 or more classes:
    1. particular goods and services within 1 or more classes.
      1. The Commissioner must not register a trade mark in respect of all of the goods and services included in a class, or a large variety of goods or services, unless the specification is justified by the use or intended use of the sign.

      Notes
      • Section 32(1): replaced, on , by section 6 of the Trade Marks Amendment Act 2005 (2005 No 116).