Trade Marks Act 2002

Administrative provisions and miscellaneous - Miscellaneous - Regulation-making powers

199A: Regulations: Madrid Protocol

You could also call this:

"Rules for registering trademarks in different countries"

The Governor-General can make rules to help New Zealand follow the Madrid Protocol. This protocol is about trademarks in different countries. Here's what these rules can do:

You can apply for international trademark registration through the Intellectual Property Office of New Zealand. They will tell you what to do if your basic New Zealand application stops working.

If someone from another country wants to protect their trademark in New Zealand, the Intellectual Property Office will handle it. The rules will say what happens when this protection is approved.

You can change an international registration into a New Zealand one. The office will share information with the International Bureau.

You'll need to pay fees for international registrations, protection in New Zealand, and renewals. The rules will say how much these cost.

Some New Zealand laws about trademarks will apply to international trademarks protected here. These laws are about unfair court cases, criminal acts, and stopping fake goods at the border.

These rules are called secondary legislation, which means they're published in a special way.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4025695.


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199: Regulations, or

"Rules for managing trademarks in New Zealand"


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200: Orders in Council relating to convention countries, or

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Part 5Administrative provisions and miscellaneous
Miscellaneous: Regulation-making powers

199ARegulations: Madrid Protocol

  1. The Governor-General may, by Order in Council, make regulations for the purpose of giving effect in New Zealand to the Madrid Protocol, including providing for any of the following:

  2. making applications for international registration by way of the Intellectual Property Office of New Zealand as office of origin:
    1. procedures to be followed where the basic New Zealand application for registration ceases to be in force:
      1. procedures to be followed where the Intellectual Property Office of New Zealand receives from the International Bureau, or any body specified in the regulations, a request for extension of protection to New Zealand:
        1. the effects of a successful request for extension of protection to New Zealand:
          1. transforming an application for an international registration, or an international registration, into a national application for registration:
            1. communicating information to the International Bureau:
              1. requiring fees to be paid in respect of applications for international registrations, extensions of protection, and renewals, and prescribing the amounts of those fees:
                1. the application of the following provisions to a protected international trade mark (New Zealand):
                  1. section 105 (unjustified proceedings):
                    1. subpart 2 of Part 4 (criminal proceedings):
                      1. subpart 3 of Part 4 (border protection measures).
                      2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                      Notes
                      • Section 199A: inserted, on , by section 27 of the Trade Marks Amendment Act 2011 (2011 No 71).
                      • Section 199A(1)(a): amended, on , by section 249 of the Patents Act 2013 (2013 No 68).
                      • Section 199A(1)(c): amended, on , by section 249 of the Patents Act 2013 (2013 No 68).
                      • Section 199A(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).