Insight

Declaration of Use for Trade Marks — Why and Why Not?

In an increasing number of countries, a declaration of use must be filed either before a trade mark is registered or at renewal. However, declarations of use are not a requirement under New Zealand trade mark law. This raises the question - is implementing a declaration of use requirement the right way to go?

Trade Mark Renewal Reminders — Should You Act?

Offers to renew your trade marks are often fraudulent. Find out the truth about cheap renewals.

Geographical Indications, European Trade and Indigenous Rights – a Fair Exchange?

Earlier this year the Ministry of Foreign Affairs and Trade (“MFAT”) held consultation workshops discussing the inclusion of mutual recognition of geographical indications in negotiations for a free trade agreement with the European Union…

Educational Purposes Exemptions and Copyright

We look at the educational purposes exemptions under the Copyright Act 1994 focusing on materials used by teachers when preparing a teaching course.

What should you do if your trade mark is used on the internet?

How do you know when the actions of another trader on the world wide web are an actionable breach of your trade mark rights?

New Zealand's New Grace Period

New Zealand introduces a 1 year grace period for disclosures by inventors and patent applicants. How will this work in practice?

UKIPO Update on Brexit

As the Brexit date approaches, recent reports indicate that the UK Government will offer automatic and free conversion of EU registered trade marks into UK registered trade marks. But how accurate is this? White Paper on Future Relationship…

Ellis Terry Overturns Restrictive Amendment Practice

Applicants in New Zealand have been suffering under a restrictive amendment practice adopted by IPONZ that would have left applicants unable to remedy potentially fatal deficiencies. Ellis Terry recently took a case to a hearing that has overturned…

Trade mark protection - What should you register?

Picture this; you develop a trade mark for a hat, do some due diligence, find it is clear and secure a trade mark registration for “hats”. Fast forward five years, and business is going well. You’re thinking about expanding your product…