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Tokelau Trademark Registration 

Note that, in order to obtain protection in Tokelau, you must register your trademark in New Zealand; there is no local trademark for Tokelau.

A trademark attorney will process your trademark registration in Tokelau through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 12 months, if no objections or oppositions arise.

     

  • If I register my trademark in New Zealand, do I have protection in other territories?

    The territorial limit of registration is New Zealand and Tokelau. The law does not specify whether protection is also extended to Niue and/or the Cook Islands. Consult a trademark attorney for clarifications.

  • Do I need to sign a Power of Attorney?

    A power of attorney is not required when filing an application. However, it will be necessary in case of change of attorney.

  • Are there any benefits from a pre-filing use of the trademark?
    • pre-filing use may demonstrate acquired distinctiveness
    • pre-filing use may help overcome an objection to a trademark application on the grounds of non-distinctiveness
    • the first person to use a mark has the ultimate right to such mark, even if another subsequently registers it
  • Will there be problems in case I don’t use my trademark after registration?

    Attack on the ground of non-use is available.

  • What are the types of trademark that can be registered in New Zealand?
    • words
    • names
    • devices
    • certain three-dimensional shapes
    • colours
    • slogans
    • sounds
    • smells
    • trade dress/get-up
    • holograms
    • motion
    • taste
    • touch
    • collective marks
    • certification marks
    • well-known marks
    • service marks
    • series marks

     

    Note: Trademarks can include many things; the list above is not exhaustive.

  • What are the phases of application after a trademark has been filed in New Zealand?

    The order of the application process is as follows:

    1. Examination of the trademark application according to the following:
      • formalities
      • classification
      • clarity
      • descriptiveness
      • distinctiveness
      • deceptiveness
      • conflict with prior registration
      • a consideration if the mark or use of the mark is offensive to a major section of the community such as the Maori people
      • bad faith
    2. Publication of the following application particulars:
      • application date
      • mark
      • application number
      • name of applicant
      • citizenship of applicant
      • state or country of incorporation of applicant
      • address of applicant
      • priority claim information
      • goods/services
      • representation of trademark
      • local address for service
    3. Registration
  • What type of trademark is not registrable?
    • marks that are against moral standards or public order
    • generic terms
    • flags, names or symbols of nations, states, regions, or of international organizations
    • non-distinctive trademarks
    • marks that function primarily as surnames
    • marks that function primarily as geographic location names
    • other prohibited names including:
      • various chemical and pharmaceutical names
      • plant variety names
      • the word "police"
      • etcetera
  • Does New Zealand use the "Nice Classification" system?

    Nice Classification System is effective in New Zealand.

  • Does the Community Trademark apply for New Zealand?

    The European Union Trade Mark, formerly known as the Community Trade Mark, registration is not effective in New Zealand.

  • Is there any possibility to claim priority in New Zealand?

    Applicants may claim priority if:

     

    • if the applicant's home country is a member of the Paris Convention
    • if the first application was filed in a country that is a party to the Paris Convention (not necessarily the applicant’s home country)
    • if the first application was filed within six months prior to the application in new Zealand
    • if New Zealand has a bilateral agreement with the country where the first application was filed such as Singapore and Taiwan
  • What do I need to do to satisfy the use requirement?

    A trademark must be used within three years from the registration date.

     

    The amount of use must be genuine and not merely token. Use of the trademark must occur in New Zealand.

  • Once my trademark has been registered, for how many years will be valid?

    The initial term of a registration is 10 years calculated from the application date or the priority date.

  • What will be the renewal date of my trademark?

    The first renewal date must be filed 10 years from the application filing date or from the priority date, whichever is earlier.

  • Is it legal to use my trademark even if it is not yet registered?

    Using an unregistered mark for any goods or services is legal.


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