1. Introduction

The owner of a registered trade mark may authorise other persons to use the trade mark. ¹ The owner may choose to register such authorised persons as licensees. A person who is not the owner of a trade mark may be registered as a licensee of the trade mark in relation to any of the goods and services in respect of which the trade mark is registered.²

Sections 83-87 of the Trade Marks Act 2002 (“the Act”) allow for the registration, alteration and cancellation of a licensee.

Regulations 147-153 of the Trade Marks Regulations 2003 (“the Regulations”) prescribe the requirements for the registration, alteration and cancellation of a licensee.

Regulation 154 of the Regulations prescribes the requirements for the intervention by the owner or licensee in proceedings for the cancellation or alteration of a licensee.

Regulation 155 of the Regulations sets out the Commissioner’s powers on an application for cancellation or alteration of the registration of a licensee.

Footnotes

¹See section 10(1)(b) of the Trade Marks Act 2002.