Announcing Important Changes - February 2009

During early 2008 it became advantageous for the longterm interests of clients of J.D. Hardie & Co. to be considered.

It was felt that for a number of reasons the patent side of the practice was likely to have no, or negative, growth in comparison with that of the trade mark side. Ongoing events on the global financial scene have amply confirmed that prognosis.

Antique legislative restrictions dated 1953 and still continuing 50 years later have severely impeded the growth of the patent practice and it has been decided to unshackle the trade mark side of the practice for the benefit of the trade mark personnel working in it and for clients. Thus there has been created a new legal entity – NZMarks Ltd.

NZMarks Ltd is entirely run by personnel who have had years of experience with J.D. Hardie & Co.

J.D. Hardie & Co. will no longer accept instructions for new trade mark filings as from February 2009 but NZMarks Ltd would welcome such instructions.

J.D. Hardie & Co. decided that it would also be advantageous for its clients if NZMarks Ltd became address for service and handled renewals for all the IP matters (patents, trade marks and designs) which J.D. Hardie & Co. has filed; this has recently been put in place.

Also, in respect of existing trade mark filings still undergoing prosecution, J.D. Hardie & Co. has nominated NZMarks Ltd as its substitute to continue prosecution, as empowered under the signed powers of attorney received from J.D. Hardie & Co.’s clients. This means that the same people who have been handling a trade mark file will continue to do so – but under the name of NZMarks Ltd rather than J.D. Hardie & Co.

As NZMarks Ltd are now substituted as the address for service at the Patent Office for existing patent work some patent correspondence from the Patent Office will show that name. However the prosecution and filing of patent applications will be handled by, and billed out by, J.D. Hardie & Co. as usual in all respects, except that as soon as a pending patent is sealed NZMarks Ltd will takeover renewal reminders for the patent (unless you have instructed that some other entity is handling renewals).

Although J.D. Hardie & Co. and NZMarks Ltd are under different ownership, there is a close co-operative relationship (such as shared premises and some contact details) and a mutual determination to look after the best interests of all clients is paramount. We hope you will support the changes.