Change ownership

Section 82(2) of the Trade Marks Act 2002 allows for the owner or applicant of a trade mark to assign or transmit ownership of the mark. There is no fee for this service.

Applications to assign or transmit the ownership of a trade mark must be in writing. The Commissioner will accept any written communication that contains all the details required by the Regulations. If you need assistance, please contact us during business hours.

It is recommended that the new owners have a valid address for service in New Zealand, as this a requirement under Regulations 13 of the Trade Marks Regulations 2003. If there are multiple owners, or an agent then you must determine who will receive correspondence from IPONZ.

You must upload:

• A copy of the document of assignment or transmission or other documents acceptable to the Commissioner that provide proof of the assignee’s title to the trade mark, such as a deed of assignment or a sale and purchase agreement. These documents must contain the signature of both parties to the transaction and the date on which the assignment or transmission took effect. If neither of these documents is supplied, a statement of case may be accepted. A statement of case should be prepared as a statutory declaration that the trade mark is owned by a proprietor different to the registered owner.
   

The Commissioner will, on proof of the person's title:

• register the assignee as the owner of the trade mark registration in relation to the goods or services in respect of which the assignment or transmission has effect; and
• file the assignment, transmission or other document produced in evidence of title, or a copy of those documents for public record; and
• on completing the assignment, send email confirmation that the assignment took place.

To enter a new owner on the register

1. You will need to be logged on as a registered user of the website. Read more...
2. Select Maintain a Trade Mark from the left hand menu of your Inbox. The Request Trade Mark Change page will display.
3. Click Select cases(s) for Assignment from the Change Owner section to Search Trade Mark Case(s). You can search for one or more Trade Marks that you wish to change the ownership of. Once you have identified the correct cases tick the check box to select. Then click the Select button. The Request an Change of Ownership on trade mark(s) will display.
4. Enter your Client Reference.
   Select whether you are acting as the new owner or if you are acting on behalf of the owner. If you are acting on behalf of the owner, you will be listed as the agent. If you are authorised to become the agent for the application, you need to upload an Authorisation of Agent.
   If you are not going to stay as the agent, select remove. You will still be able to record the assignment, you just won’t be recorded as the new agent for the case. Alternatively search for the new owner(s) of the mark.
5. Add your documentary evidence to support to your request then select Submit to complete your request.

To divide a trade mark into two or more separate marks and assign some of those marks to another owner, click Select case for Division option from the Request Trade Mark Change Screen.