The procedure of trademark renewal in New Zealand
A trademark can be renewed every 10 years. To maintain your registration you need to renew the trademark by the due date. Below is some useful information that can help you have an in-depth understanding about its specific timeline in New Zealand.
Grant, validity term and trademark renewal
Trademark registrations are renewable every ten years. The renewal expiration date is the filing date of that trademark or the convention priority date of that mark. Depending on the time of either of those two days, the earlier date will be taken as the renewal expiration date. One year prior to the renewal expiration date is the period during which each trademark can be renewed.
If the renewal period is reached and the trademark registration has not been renewed, the status of the trademark will change to “Registered – expiration date has passed”. In this case, if you wish to restore the status of the mark in the register, you should renew the registration within 6 months from the date of renewal. If you have not applied for renewal after this 6-month period, your trademark registration will expire.
Especially, pay attention to misleading invoices offering to renew your trademark registration in return for a high fee. Before you have verified that the invoice comes from an official source, you should not pay any bill if it comes from an unfamiliar organization.
Division Request
You can divide the trademark registration into multiple registrations with different classes if you do not want to renew a trademark registration for all of its goods and services classes. For classes you are certain about, you can renew the trademark registration. At the same time, you can still consider what to do for other classes. Any classes that are not renewed by the renewal due date will appear on the register with the ‘Registered – past expiry date’ status.
You can also divide a ‘Registered – past expiry date’ trademark, then renew the classes you are certain about while you take more time to consider what to do about the other classes. Within the 6-month period after the renewal due date, any unrenewed classes will expire permanently.
Alteration request
In case you do not wish to renew all categories of goods and services of your trademark, you can use an alteration request to remove any classes for which you do not wish to keep the trademark. Any class will be canceled immediately if removed in this way.
Refund request
In case you only required a partial renewal and then renewed a trademark for all of its goods and services classes unexpectedly, you can request a refund of part of the renewal fee. In this situation, you are required to advise the classes to which the renewal should apply.
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