New Zealand. Information on the filing of Patents, Designs and. Trademarks in New Zealand COMANAS CORP. IP Management Service Group

Transcription

1 New Zealand Information on the filing of Patents, Designs and Trademarks in New Zealand COMANAS CORP IP Management Service Group

2 CONTENTS 1. International Arrangements 2. Patent 3. PCT National Phase Entry 4. Trademark 5. Design

3 [International Arrangements] WIPO Convention Paris Convention (Industrial Property) Berne Convention (Literary and Artistic Works) PCT (Patents) Madrid Agreement (False or Deceptive Indications of Source on Goods) Geneva Convention (Unauthorized Duplication of Phonograms) Member and Signatory to TRIPS Agreement Member of APEC Member of UCC Member of UPOV

4 [Patent] Patent Requirements: In order to apply and file for a patent in New Zealand you need to provide Patent Information, and you need to send to the Attorney the Power of Attorney for New Zealand and the Assignment Document if required. Direct National Applications Complete specification Drawings (if any) Abstract Certified copy of the priority document (s) English translation of the priority documents Assignment if applicant is differ from the inventor Power of attorney Examination Once the application is filed, the application is scrutinised for defence & security aspects. The patentability of the invention. The unitary features of the patent. The accuracy of the priority claimed. Compliance of the invention with the patentability conditions. Compliance with formality and substantial requirements. Granting: granted for 20 years

5 [PCT National Phase Entry] PCT national stage deadline for New Zealand: - 31 months from the priority date Language: - English Required contents of the translation for entry into the national phase: - Description, - claims (if amended, as amended only, together with any statement under PCT Article 19), - any text matter of drawings, - abstract Is a copy of the international application required? - Applicant should only send a copy of the international application if he/she has not received Form PCT/IB/308 and the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2). Special requirements of the Office: - Name and address of the inventor if they have not been furnished in the Request part of the international application - Declaration concerning the inventor and the right of the applicant to apply for a patent - Address for service in New Zealand (no representation by an agent is required but, if an agent is appointed, a power of attorney must be furnished) - Verification of translation of international application

6 Granting: - granted for 20 years

7 [Trademark] Kinds of Trademark Following indications may be used as Trademarks in New Zealand: Words Devices & Logos Labels Shapes Colours Sounds & Scents Combination of the above Types of Marks registrable: - Collective marks - Certification marks - Marks for non-commercial purposes - Service marks - Well Known marks - Series Marks Filing Requirements: In order to apply for a trademark in New Zealand you need to provide Information through our Trademark Registration Order Form; you also need to Demonstrate Use and send us a Power of Attorney. 1. The full name(s) and address(es) of the applicant(s).

8 2. Details of the mark and a clear sample if the mark includes a device. 3. A description of the goods and/or services. 4. Preferably the International Classification of the goods and/or services, although we can determine this from the description if necessary. 5. Convention applications: deadline = 6 months from first application Examination Once the application is filed with the IP office, it is assessed to confirm that it meets the requirements of registration as per the trademarks act such as formalities compliances, substantive requirements and a search for prior existing marks is conducted. If the trademark application meets all the requirements of registration, it will be accepted for registration. If not, the applicant is notified of the same with a report setting out requirements if any that need compliance. If the trademark application is not accepted and it runs out of time, the application will lapse. Publication and Opposition Once the trademark application is accepted for registration, it is published for opposition. Interested parties may oppose the registration within stipulated time from the date of the advertisement. Granting: A trademark registration in New Zealand is valid for 10 years and starts with registration date. Renewal: The registration is renewable for periods of 10 years

9 [Design] Filing Requirements: In order to apply and file for a patent Design in New Zealand you need to provide Patent Design Information, and you need to send to the Attorney the Power of Attorney for New Zealand and the Assignment Document if required. 1. The full name(s) and address(es) of the applicant(s). 2. The title of the article. 3. Drawings, preferably including a perspective view. 4. The filing date, application number and country of the priority application. 5. Application claiming Convention priority: deadline = 6 months from first application Examination Designs are examined for formalities. Amendments if any to be carried out by the applicant are informed and applicant is to amend the same within a stipulated time failing which, the application is deemed abandoned. Substantive examination regarding novelty, individual characteristics and resemblance to prior registered marks are carried out by way of searched by the examiner to ascertain the same. Granting: Designs are registered for an initial period of five years from the date of registration.

10 Should you have any questions or wish to apply, please contact us CONTACT INFORMATION : COMANAS CORP 902, Buysan Digitalvally 7 th, Grodong, Gurogu, Seoul, Republic of Korea TEL: FAX: ipcomanas@gmail.com SITE : Software: