Trademarks Law in Tokelau (NZ)
Here’s an overview of trademark law in Tokelau, a New Zealand territory:
🇹🇰 Trademark Law in Tokelau (New Zealand territory)
🔹 Legal and Political Context
Tokelau is a non-self-governing territory of New Zealand.
Tokelau does not have its own trademark law or independent trademark registration system.
Intellectual property law in Tokelau is largely governed by New Zealand law or international treaties that New Zealand is party to.
There is no local trademark registry in Tokelau.
🔹 Governing Law
Trademark protection in Tokelau falls under the scope of New Zealand's trademark law, primarily the Trade Marks Act 2002 (New Zealand).
New Zealand trademark registrations apply in Tokelau as part of New Zealand’s territories.
🔹 Registration Process
Trademarks must be registered with the Intellectual Property Office of New Zealand (IPONZ).
Registration in New Zealand extends protection to Tokelau.
No separate application is needed for Tokelau.
🔹 Duration and Renewal
Trademarks in New Zealand are valid for 10 years from the filing date.
Can be renewed indefinitely in 10-year increments.
🔹 Rights Granted
Exclusive rights to use the trademark throughout New Zealand, including Tokelau.
Right to prevent unauthorized use, counterfeiting, or infringement.
Rights to license, assign, or transfer.
🔹 Enforcement
Enforcement of trademark rights is through New Zealand courts.
Civil remedies include injunctions, damages, and account of profits.
🔹 International Treaties
New Zealand is party to key treaties:
Paris Convention
Madrid Protocol (New Zealand acceded in 2015)
TRIPS Agreement
Summary Table
| Aspect | Details |
|---|---|
| Governing law | New Zealand Trade Marks Act 2002 |
| Authority | Intellectual Property Office of New Zealand (IPONZ) |
| Duration | 10 years, renewable |
| Registration | Via IPONZ (covers Tokelau) |
| Use requirement | Yes, use needed to maintain rights |
| Enforcement | New Zealand courts |
| International treaties | Paris, Madrid, TRIPS |
Key Point
To protect a trademark in Tokelau, register it with New Zealand’s Intellectual Property Office (IPONZ), which provides coverage for Tokelau.
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