4.1 Agents

Where an agent makes an application for the registration of a licensee, a written authorisation of agent is not required from the proposed licensee, unless the Commissioner asks for a written authorisation in a particular case.²⁴ The fact that the agent files the application is sufficient evidence of the agent’s authority to do so.

However, where there is a change of agent, the licensee must file a written authorisation of agent as soon as practicable after the new agent is appointed.²⁵ The authorisation must be signed by the licensee and contain the following information:²⁶

• The name of the proposed licensee and their address for service;
• The agent’s name and address for service;
• The number of the trade mark(s) for which the agent is authorised to act on behalf of the licensee; and
• A statement of any limitation on the authority of the agent to act for the licensee.
  

Footnotes

²⁴ See regulation 22(1) of the Trade Marks Regulations 2003.

²⁵ See regulation 22(1)(b) of the Trade Marks Regulations 2003.

²⁶ See regulation 22 of the Trade Marks Regulations 2003.