In New Zealand, considerable prior use of a trademark may be recognized, therefore registration is not necessary to establish trademark rights. Registration, however, is always strongly advised as it provides a presumption of ownership and aids in trademark enforcement. The cost and difficulty of enforcing one's rights in relation to an unregistered trademark are higher. The Intellectual Property Office of New Zealand is where trademark applications are lodged in New Zealand (IPONZ).

The Madrid Protocol is a treaty that New Zealand has ratified. As a result, this nation is able to extend an international trademark registration under the Madrid System. The trademark does not have to be in use in New Zealand in order to register. However, earlier use of the trademark might be able to disprove any concerns the trademark office might have over its lack of distinctiveness.

The exclusive right to use a trademark is restricted to using it in the precise arrangement or manner in which it was filed and registered in New Zealand if you register a combination trademark (one that has both word components and figurative elements). It is advised that you file for a different trademark that only includes the word or figurative features you intend to use and protect separately. This is true if you wish to use the word element of your trademark separately from the logo (or vice versa).

However, you will have the right to oppose the application on the grounds of confusing similarity if a third party subsequently wants to register or use a trademark for comparable goods or services that includes a primary or separate component or portion of your trademark. Depending on the specifics of each case, many conditions will affect the odds of an opposition's victory.

A trademark application will be published in the official journal for three months after it has been approved by the trademark office so that interested parties can bring opposition actions against the trademark applications.

If the New Zealand trademarks office does not deem the color of your trademark to be a distinguishing feature, you are free to use it in any color scheme. The use of the trademark will be limited to the colors specified in the registration if the color is judged to constitute a distinctive feature.

A translation or transliteration must be submitted with the application if the trademark contains words that have a meaning in a language other than English or contains foreign characters or alphabets (Pinyin, Han, kanji, katakana, Cyrillic, Greek, etc.).

The Maori Trade Marks Advisory Committee will review the application to determine whether the trademark may be objectionable to the Maori people if it contains or is derived from Maori language. The same applies to any trademark that looks to be a rip-off, of Maori words or images or that the Maori may find insulting.

Names and images of people can generally be registered as trademarks. The trademarks office may, however, need a formal authorization from the party in question or their legal representative, or, if applicable, proof that the party passed away at least 10 years prior to the trademark application.

Although it is not required for a trademark to be used in New Zealand, as was previously indicated, in order for it to register, it will become susceptible to cancellation actions for non-use if it is not used for three years in a row.

A trademark in New Zealand has ten (10) years from the application date to use it until it expires if it is registered. After that, it may be extended for future terms of 10 years indefinitely. With the payment of additional fees, the renewal may be requested both in the year before and in the year after the expiration date.