IPONZ has recently updated its trade mark practice guidelines to reflect how our examiners will treat applications whose specifications contain geographical indications (“GIs”).

Specifications should only include generic descriptions of the goods or services. In line with this:

• Applicants should not use a GI as the name of a good in a trade mark specification. Applicants should instead use a suitable generic description of the good.
• A specification can mention one or more GIs, provided that the goods originate in the place of geographical origin to which those GIs relate, and meet the other criteria for those GIs.
• If a GI is mentioned as part of a specification term, the wording must clearly identify the GI as a GI, and include a generic description of the goods.

These updated guidelines also contain recommended actions which anticipate new requirements that may come about as a result of the New Zealand - European Union Free Trade Agreement (NZ-EU FTA). The NZ-EU FTA is not yet in force, but may enter into force soon.

View the updated Trade Mark practice guideline:

3 Classification and specification

For more information about the NZ-EU FTA, please visit the Ministry of Foreign Affairs and Trade website.

New Zealand - European Union Free Trade Agreement — Ministry of Foreign Affairs and Trade