January 13, 2020
New Zealand: The Regulatory Systems (Economic Development) Amendment Act 2019 entered into force on January 13, 2020.
The Act amends, inter alia, the Geographical Indications (Wine and Spirits) Registration Act 2006, the Trade Marks Act 2002, and the Plant Variety Rights Act 1987.
The amendments include, inter alia:
(i) establishing the “registered-past expiry date” status that replaces the “expired but restorable” status for the renewal procedures of trademark registrations and geographical indication registrations, where the registrations can be restored by paying the renewal fee within 6 (instead of 12) months of the original renewal due date, after which it shall be removed from the register;
(ii) allowing trade mark owners to perform actions to maintain the trade mark (e.g. assignment or cancellation), and third parties to take action against the trade mark (e.g. revocation for non-use) while such trade mark is in “registered-past expiry date” status; and
(iii) enabling applicants and owners of plant variety rights to provide an address for service in either New Zealand or Australia.