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When your trade mark application is accepted, a notice is sent to you, and the trade mark is advertised in the Office Journal. This gives interested parties the opportunity to oppose your trade mark application.

If no one opposes the registration of your trade mark, or if an opposition is lodged but isn't successful, your application will be registered and you’ll receive a final Certificate of Registration.

Opposition

A person has 3 months from the date of advertisement in the Journal to oppose the registration of the trade mark. If no opposition is raised then the mark will be registered not less than 6 months from the date of filing.

We recommend that a potential opponent discusses any concerns directly with the trade mark applicant before formally filing a Notice of Opposition. If the parties are unable to settle the matter between them, the opponent may file a Notice of Opposition. Parties may withdraw from the proceedings at any time, but if a party withdraws without making any prior arrangements regarding costs, costs may be awarded against them.

If neither party withdraws from the proceedings then the matter will go to a hearing in front of the Assistant Commissioner, who will make a decision based on written or oral submissions by the parties. The Assistant Commissioner’s decision may be appealed to the New Zealand High Court.

Find out more information about Opposition of registration of a trade mark.