How to get a trademark
DIY Trademarks is New Zealand’s leading self-service trademark application service. Our online trademark registration platform helps you apply for your trademark registration online yourself. It will be filed with the IP Office in New Zealand.
Our online trademark application process is the fastest, easiest way to protect your brand in New Zealand.
What to trademark
If you’re asking, “Should I trademark my brand and logo?” or “Can I trademark a phrase or slogan?” The answer is yes, to all the above. You should trademark all the elements that form part of your brand identity and distinguish your products, services or business from your competition.
We believe that every business should protect their brand assets with trademark registrations. We’re committed to streamlining the application process for you and helping you successfully register your trademarks.
How to trademark your name
You can trademark a word(s), you can trademark a phrase or you can trademark a logo. You won’t be able to register the trademark if it has already been registered by someone else for the same or similar goods or services, or if it is a term used in your industry to describe products or services.
Remember, not all trademarks are registrable. If you are not sure about how to get a trademark that is likely to be approved, feel free to contact us.
Once your trademark application is assessed, the IP Office cannot refund your examination fee. We recommend preparing thoroughly before submitting your application.
1. Create a distinctive trademark that is registrable
Your trademark should be unique and distinctive or used in relation to goods and services that will not be confused with similar trademarks.
If you’re starting a new business, make sure you choose a business name or brand name that is unique. Here are some tips to help you create a name that is distinctive: What makes a trademark registrable?
2. Determine the trademark type
The following are the most common types of trademarks and applying for a trademark registration online for these is usually straightforward. Make sure you understand the definition of a trademark and how to get a trademark that is registrable.
Word trademarks
You can trademark a business name, product name or slogan. A word trademark allows you exclusive use of that word in any colour, font or logo design.APPLE KIT KAT Just do it.
Logo trademarks
These may be images with or without words.
3. Identify the trademark owner
A trademark can be owned by:
an individual
two partners
a company
one or more of the company owners
other legal entities, such as an incorporated society.
You can transfer ownership of a registered trademark, if necessary.
4. Choose the category
Trademarks must be registered for particular products and services, which fall into 45 different categories or trademark classes.
This allows similar trademarks to be registered for different goods and/or services by different companies.
For example:
WHITTAKER’S is registered for chocolate products (in class 30)
STUFF is registered news and entertainment services (in class 41)
Different businesses may successfully register a trademark that’s the same as an existing trademark if it covers different products and the IP office decides there is unlikely to be any consumer confusion. For example:
UBER is registered by one company for coffee and tea substitutes (class 30) but by a different company for both computer software (class 9) and passenger transport services (class 39).
Our smart technology takes you through the process of selecting the relevant products and services for your business.
You should include products or services you use your trademark for now, as well as those you might wish to provide in the future. Be resolute about what you may want to register your trademark for, but also be realistic.
It's worth noting that the more classes you include, the more your application will cost. Check out the pricing page for details.
5. Application process
DIY Trademarks enables you to complete your application for a trademark registration online in 4 quick and easy steps:
Now that you know how to get a trademark, are you ready to submit your trademark registration online?
6. How long does it take to get a trademark in New Zealand?
After you apply, the New Zealand IP Office will examine your application and produce a report within 5-6 weeks. (While your application is in the queue, you may choose to use the superscript TM symbol with your trademark. The registered trademark ® symbol can only be used once your trademark is registered.)
After you submit your trademark application, we'll take care of everything and send you application status updates by email:
1. if your trademark application is accepted, your trademark application will be advertised and if there is no trademark opposition, it should be registered at least 6 months after the filing date.
2. if your application faces an objection to the wording of the goods services, we’ll fix it for no charge!
3. if your trademark application receives other objections, we’ll let you know your options.
4. when your trademark is registered, we’ll send you the good news along with the trademark registration certificate and details of how to renew your trademark later.
7. How long will it take before your trademark is registered?
This article and the accompanying flowchart will explain the process that your application will follow before your trademark can be registered. Please note that the acceptance time is currently taking longer than indicated on the diagram. The IP Office is taking longer than usual to examine trademark applications at present.
