Before a new trade mark is used a search should be carried out to ensure that use will not infringe an existing registered trade mark. Trade mark database searching Searches of the on-line database are useful as they provide a quick indication of any relevant marks. Reliance on only an on-line database search however is not recommended as it is unsuitable for device marks, can confuse when marks have unusual linkages and punctuation, and can have incomplete details for abandoned and removed registrations. In New Zealand a trade mark registration can be renewed indefinitely subject to the payment of renewal fees on or before the seventh year from the date of registration and every fourteen years thereafter. A New Zealand trade mark registration may be removed from the Register if it has not been used in New Zealand for a continuous period of five years on the goods or services for which it is registered.
Provision is made for the recording of registered users for a mark.
The use by a registered user within New Zealand is deemed to be use by the registered proprietor of that mark.