Application success rate in New Zealand: 5 year trend
Over the last five years, New Zealand has maintained an average trademark application success rate of 79.01%. While the success rate peaked in 2019, it saw a notable dip in 2021 and 2023, reflecting evolving examination standards or increased filing complexity.
Applications filed in | Registered | Filed | Success rate |
|---|---|---|---|
2019 | 13,862 | 16,205 | 85.54% |
2020 | 14,426 | 17,978 | 80.24% |
2021 | 14,282 | 19,511 | 73.20% |
2022 | 13,289 | 16,200 | 82.03% |
2023 | 12,343 | 16,428 | 75.13% |
Total (average) | 68,202 | 86,322 | 79.01% |
Comparison to major IP Offices
New Zealand’s trademark success rate of 79.01% stands well above countries like the US (56.91%) and Canada (50.76%), but slightly below other jurisdictions like the EU (90.80%). The reasons for Benelux's strong performance include:
Country | Success rate |
|---|---|
New Zealand (IPONZ) | 79.01% |
The United States (USPTO) | 56.91% |
Canada (CIPO) | 50.76% |
Australia (IPA) | 52.52% |
The European Union (EUIPO) | 90.80% |
Here are a few factors contributing to New Zealand’s performance:
Balanced Examination Approach: IPONZ conducts a detailed examination covering both absolute and relative grounds. While this ensures quality, it also leads to occasional rejections—especially for marks deemed too descriptive or similar to existing registrations.
Emphasis on Procedural Clarity: The IPONZ process is well-documented and digital-first, which aids applicants but also enforces consistency. As a result, applications that don’t fully comply with requirements are more likely to be delayed or refused.
Modest Market Size, But Competitive: While New Zealand’s market is smaller, it is increasingly active. Growing domestic and foreign filings contribute to a competitive landscape with more potential for conflicts.
How to maximize your chances of registration success in New Zealand
Even with a relatively strong success rate, about 1 in 5 trademark applications in New Zealand face rejection. To improve your likelihood of approval, it’s recommended to begin with a comprehensive trademark search to identify any potential conflicts. Ensure that your mark is distinctive and not merely descriptive, and clearly define the goods and services associated with your application.
Working with a qualified trademark lawyer is one of the most effective ways to increase your chances. An experienced trademark lawyer can guide your filing strategy, respond to examination issues, and help ensure you’re set up for success.
If you’re preparing to file your trademark in New Zealand, we’ve compiled a step-by-step guide based on insights from seasoned IP lawyers. You can also access Trama’s free lawyer’s check to get tailored feedback and maximize your chances of approval from day one.
