These regulations, which come into force on 27 March 2025, amend regulation 30 of the Trade Marks (International Registration) Regulations 2012 (the principal regulations).

The principal regulations give effect in New Zealand to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (the Madrid Protocol).

Regulation 30 sets out the effects of an international registration where the trade mark is also registered under the Trade Marks Act 2002 (the Act). Regulation 30 applies only if all the goods or services in respect of which the registered trade mark is registered are protected under the protected trade mark or specified in the international registration. If regulation 30 applies, the protected trade mark or international registration must be treated as being registered under the Act. The Commissioner must, on the application of the holder of the protected trade mark or international registration, note in the register that the international registration replaces the registered trade mark.

These regulations amend regulation 30 to implement changes to the Madrid Protocol. The amendments extend the application of regulation 30 to situations where some of the goods or services in respect of which the registered trade mark is registered are protected under the protected trade mark or specified in the international registration. Where only some of the goods or services are protected or specified, the protected trade mark or international registration will only be treated as being registered under the Act in relation to those goods or services. Also, the holder of the protected trade mark or international registration will be able to apply for the international registration to replace the registered trade mark in relation to only some of the goods or services.