Trade mark registration fees
Trade mark filings
| No. of classes | Base Fee | Fee per class | Total |
|---|---|---|---|
| 1 | $200 | $200 | $400 |
| 2 | $200 | $400 | $600 |
| 3 | $200 | $600 | $800 |
| 4 | $200 | $800 | $1,000 |
| 5 | $200 | $1,000 | $1,200 |
| 6 | $200 | $1,200 | $1,400 |
| 7 | $200 | $1,400 | $1,600 |
| 8 | $200 | $1,600 | $1,800 |
| 9 | $200 | $1,800 | $2,000 |
| 10 | $200 | $2,000 | $2,200 |
| More than 10? | $200 | $200 per class | Dependant on the number of classes. |
GST is charged on the above fees if you are a NZ entity or located in NZ.
The fees above are payable at the time of application, and are the total fees you will pay, assuming no issues are raised with the application.
Issues
If issues are raised with the application, MARKY will inform you of this and let you know the options.
If legal advice is required MARKY will refer you to our legal partner, LOFT LEGAL. If you decided to go ahead, there will be a fee of $400 for LOFT LEGAL to do a legal review of your case and give you advice on the options.
Again, GST is charged on the above fees if you are a NZ entity or located in NZ.
Renewals
Trade mark registrations last for 10 years, and can be renewed for successive 10 year periods.
MARKY will let you know when your trade mark is due for renewal, and will issue an invoice for this. Once you pay the invoice, MARKY will renew the registration for you.
If you do not pay the invoice MARKY will not renew it and your trade mark registration will be left to lapse.
| No. of classes | Base Fee | Fee per class | Total |
|---|---|---|---|
| 1 | $250 | $200 | $450 |
| 2 | $250 | $400 | $650 |
| 3 | $250 | $600 | $850 |
| 4 | $250 | $800 | $1,050 |
| 5 | $250 | $1,000 | $1,250 |
| 6 | $250 | $1,200 | $1,450 |
| 7 | $250 | $1,400 | $1,650 |
| 8 | $250 | $1,600 | $1,850 |
| 9 | $250 | $1,800 | $2,050 |
| 10 | $250 | $2,000 | $2,250 |
| More than 10? | $250 | $200 per class | Dependant on the number of classes. |
GST is charged on the above fees if you are a NZ entity or located in NZ.
Oppositions
Your trade mark application may be opposed if someone thinks it is too similar to their trade mark, or if they think you should not be able to register it.
Oppositions must be filed within three months after acceptance of the application is published.
If your trade mark application is opposed, you will be notified of this and, if you want to defend the opposition, you need to file a counterstatement (within 2 months of receipt of the notice of opposition).
From there, the process is:
The opponent files evidence in support of their opposition (within 3 months of receipt of your counterstatement).
You file evidence in answer, if you would like to (within 3 months of receipt of the opponent’s evidence).
The opponent may then file evidence in reply (within 2 months of receipt of your evidence).
The opposition is then ready to be decided by a hearings officer (although it takes about 12 months to get to the hearing). You can choose to:
- have no further involvement and rely on your counterstatement and evidence;
- file written submissions arguing your defence; or
- appear in person to argue your case (and file written submissions before that).
The hearing officer will then issue a decision, and the loser of the opposition is normally ordered to pay the winner’s costs. Costs orders are for the official fees paid for the opposition (like the notice of opposition and requesting a hearing) and for the winner’s legal fees if they had a lawyer representing them. But they are limited by a scale. Normally the loser of the opposition can expect to pay around $2,000 - $5,000 (depending on the steps taken).
MARKY partners with LOFT LEGAL to handle oppositions for you.