Trademark Opposition in New Zealand

Trademark Opposition Procedure in New Zealand

Any party who believes that a published trademark may adversely affect their business interests can oppose its registration through a formal process administered by the Intellectual Property Office of New Zealand (IPONZ).

  1. Notice of Opposition: The notice must be filed within three months from the date the trademark is advertised in the journal.

    Extensions

  2. One-month extension:Available without the applicant’s consent.Additional two-month extension:Requires the applicant’s consent.Maximum extension:Up to three months total if both options are used.
  3. Counterstatement by Applicant: Once the opposition is filed, IPONZ notifies the applicant and provides a copy of the notice. The applicant has two months to file a counterstatement to defend the application. Failure to respond results in abandonment of the trademark application.
  4. Opponent’s Evidence: Upon receiving the counterstatement, the opponent has two months to:
    • Submit evidence in support of the opposition, or
    • Notify IPONZ of their intent not to file evidence or to withdraw the opposition.
    • In case, the Opponent files the evidences, they must be submitted as a statutory declaration or affidavit. Improperly formatted evidence will be rejected.
  5. Applicant’s Evidence: The applicant may submit evidence supporting their counterstatement within two months of receiving the opponent’s evidence (or notice of non-submission). Evidence must also be in the form of a statutory declaration or affidavit to be accepted.
  6. Opponent’s Reply Evidence: If the applicant files evidence, the opponent may submit reply evidence within one month of receiving it. No reply evidence is permitted if the applicant does not file any evidence.
  7. Hearing: After the evidence stages conclude, IPONZ will ask both parties how they wish to be heard:
    • In person
    • By written submissions
    • On the papers filed
  8. Decision
    • The Assistant Commissioner will issue a written decision, including any award of costs.
    • Decisions are typically delivered within 30 working days of the hearing.
    • Both parties receive the decision via the IPONZ case management system.
  9. Appeal: Parties may appeal the decision within 20 working days by:
    • Filing a notice of appeal and application for stay of proceedings in the High Court.
    • Notifying the Commissioner.
    • If no appeal is filed, the decision becomes final, and IPONZ will update the trademark register accordingly.

    For more information please contact us at : info@ssrana.com