Trade Marks Act 2002

Process for obtaining registration of trade mark and other matters - When registration of trade mark ceases - Renewal of registration

59: Procedure for renewal of registration

You could also call this:

"How to keep your trade mark active by renewing it"

When you own a registered trade mark, you need to renew it to keep it active. The Commissioner of Trade Marks will renew your registration from the date it expires if you apply for renewal.

You can apply to renew your trade mark between 12 months before it expires and 6 months after it expires. You must follow the rules when you apply.

If you haven't applied to renew your trade mark, the Commissioner will send you a notice. This notice will tell you when your trade mark will expire and what you need to do to renew it. The notice will also explain what happens if you don't renew on time.

If you don't renew before the expiry date, the register will show that your trade mark has passed its expiry date. If you still haven't renewed it 6 months after it expired, the Commissioner will remove your trade mark from the register.

The Commissioner must send you the notice before your trade mark expires. If your trade mark isn't renewed on time, the Commissioner will change its status in the register to show it has passed its expiry date.

The Commissioner will remove your trade mark from the register if they sent you a notice, 6 months have passed since it expired, and you haven't met the conditions for renewal.

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This page was last updated on 13 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164630.

Topics:

Business > Intellectual property

58: Renewal of registration, or

"How to keep your trade mark going for longer"

60: Effect of registered-past expiry date status, or

"What happens when a trade mark's registration expires but it's still on the list"

Part 3Process for obtaining registration of trade mark and other matters
When registration of trade mark ceases: Renewal of registration

59Procedure for renewal of registration

On application by the owner of a registered trade mark, the Commissioner must renew the registration of the trade mark from the date on which the registration expires (the expiry date).
An application for renewal must be made to the Commissioner—
not more than 12 months before, and not more than 6 months after, the expiry date; and
in the prescribed manner.

If the owner has not applied for renewal, the Commissioner must send to the owner a notice setting out—
the date on which the registration of the trade mark will expire; and
the conditions (as to the payment of fees or otherwise) on which the registration will be renewed (the renewal conditions); and
that,—
1. if the registration is not renewed before the expiry date, the register will be changed to record that the trade mark’s status is registered-past expiry date; and
2. if the registration has still not been renewed 6 months after the expiry date, the trade mark will be removed from the register.

The notice must be sent in the prescribed manner before the expiry date.
If the registration of a trade mark is not renewed before its expiry date, the Commissioner must record on the register that its status is registered-past expiry date (until the registration is renewed or it is removed from the register).
The Commissioner must remove the trade mark from the register if—
notice has been sent under subsection (3); and
6 months have elapsed since the expiry date; and
the renewal conditions have not been met.

Notes

Section 59: replaced, on 13 January 2020, by section 128 of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).