Information required for filing a trade mark application

To prepare an application to register a trade mark, we require:

• The applicant’s full name, business address, nationality and occupation;
• An indication of the types of goods and/or services in relation to which registration is sought; and
• If the trade mark includes lettering in non-standard form or a logo, device or symbol, a high quality representation of the mark.

A trade mark owner’s exclusive rights to a mark will only extend to goods and/or services of the type in which the owner trades or intends to trade. Hence trade marks are registered in relation to specific classes of goods and/or services. For example, registration of HERON in relation to clothing in class 25 should not prevent an orchardist using and registering HERON in relation to apples in class 31.

Under the Trade Marks Act 2002, where a trade mark is to be applied to a range of goods and/or services which fall into more than one class, a single trade mark application nominating each relevant class of goods and/or services can be filed.

An outline of the International Classification of Goods and Services can be found here. This is for general guidance only as it is merely a thumbnail outline of the classes.

Selecting the appropriate class can be quite complex and requires reference to the full index of Goods and Services. Our expertise should always be sought in this matter.