3.3 Proof of title

An assignment of a registered trade mark requires proof of title to the satisfaction of the Commissioner.

The document may be filed as an original or a copy. Original deeds of assignment or transfer documents will be returned once the filing date has been established. A copy of the document of assignment or transmission is acceptable as proof of the assignee’s title to the trade mark and does not need to be certified.

The proof of title document should show the full name and address of both parties, the trade mark being transferred and should be signed and dated at least by the current owner.

Where a partial assignment or partial transmission is sought, the proof of title document should also list the goods and services that are being assigned or transmitted. This must agree with the list stated in the application to record.