4.2 Assignment of a trade mark registration

An application for the assignment or transmission of a trade mark registration must be in writing¹³ and contain the following information:¹⁴

• 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 registration 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:

• 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, write to the applicant confirming that the assignment or transmission has been completed
• issue a replacement certificate, only where the old certificate is returned at the same time as the request for assignment or transmission is lodged.

Footnotes

¹³ See regulation 145 of the Trade Marks Regulations 2003.