3.1 Assignment of a trade mark application

A person to whom title to a trade mark is assigned or transmitted must apply to the Commissioner to register their title to the application if assignment or transmission is before the actual date of registration.

An application for the assignment or transmission of a trade mark application must be in writing ¹¹ on the online form and contain the following information:¹²

• The name of the assignor of the trade mark;
• If the assignor has an agent, the agent’s name;
• The name, address for service in New Zealand, and business or residential address of the assignee;
• If the assignee has an agent, the agent’s name;
• The application number of the trade mark;
• A description or representation of the trade mark;
• Whether the assignment or transmission was full or partial;
• The date on which the assignment or transmission became effective:
• The class or classes that were assigned or transmitted;
• In the case of the assignment or transmission of only some of the goods or services within a classification, a statement of the goods or services assigned or transmitted;
• A copy of the document of assignment or transmission or other documents acceptable to the Commissioner that are proof of the assignee’s title to the trade mark;
• If the assignment or transmission has resulted in the cancellation or amendment or registration of a licensee, a statement that the licensee has been notified of the assignment or transmission.

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

• accept the change the name of the applicant on the trade mark application;
• on completing the assignment, confirm with the applicant that the assignment or transmission has been completed.
  

Footnotes

¹¹ See regulation 145 of the Trade Marks Regulations 2003.

¹² See regulation 146 of the Trade Marks Regulations 2003.