4. Application for registration of a licensee

An application for the registration of a licensee of a trade mark must be:²⁰

• In writing;
• Accompanied by a statutory declaration from the owner of the trade mark that the person proposing to be registered as the licensee is entitled to be registered as a licensee;²¹ and
• Signed by the applicant or the owner of the trade mark and the proposed licensee.

An application for the registration of a licensee of a trade mark must contain the following information:²²

• The licensee’s name, address for service, and business or residential address;
• If the licensee has an agent, the agent’s name;
• The trade mark for which the licensee is to be registered;
• The application or registration number of the trade mark;
• The goods and services to which the license relates;
• Any conditions relating to the license.

If these requirements are met the Commissioner must register the proposed licensee as licensee of the trade mark.²³

Where the request for registration of a licensee is accepted, the Commissioner will notify the owner of the acceptance.

Footnotes

¹⁹ See section 83 of the Trade Marks Act 2002.

²⁰ See regulation 147 of the Trade Marks Regulations 2003.
²¹ See also section 83(2)(b) of the Trade Marks Act 2002.
²² See regulation 148 of the Trade Marks Regulations 2003.
²³ See section 84 of the Trade Marks Act 2002