1. Introduction

Section 190(1) of the Trade Marks Act 2002 (“the Act”) provides for the recognition of agents. Section 199(d) of the Act allows for the making of regulations for the purpose of prescribing classes of persons whom the Commissioner may refuse to recognise as agents in respect of proceedings.

Regulation 19 of the Trade Mark Regulations 2003 (“the Regulations”) defines the meaning of “agent”. Regulation 20 of the Regulations allows an agent to act on behalf of a principal for the purposes of the Regulations.

Regulation 21 of the Regulations allows the Commissioner to serve and give notices to agents. Regulation 22 of the Regulations prescribes the requirements for authorising an agent.

Regulations 23 and 24 of the Regulations set out persons the Commissioner may refuse to recognise as agents.

Regulation 25 prescribes the requirements for the revocation or alteration of the authority of an agent.