2. Definition and powers of an agent

Anything that must be done by or to a person under the Act in relation to a trade mark may be done by or to the person’s expressly authorised agent.¹

An “agent” is defined in the Regulations as a person:²

1. who is authorised by the agent’s principal (X) to act for X in any proceeding in accordance with these regulations or to take any step on X’s behalf under these regulations; and
2. for whom recognition has not been refused by the commissioner under regulation 23.

An agent is authorised by the principal to act for them in any proceeding in accordance with the Regulations or to take any step on the principal’s behalf under the Regulations. Therefore, subject to the scope of an agent’s authority the agent may do anything on the principal’s behalf that must be done in relation to a trade mark under the Act or Regulations.³

The agent’s authority extends to the signing of documents. ⁴ However the Commissioner may, in any case, require that the principal and not the agent sign a document.⁵
The Commissioner may serve on, give notice to, or correspond with an agent for the purpose of satisfying any requirement under the Regulations. ⁶ However this does not apply for any matter whereby the agent’s authority has been expressly excluded. ⁷

Footnotes

¹ Section 190 of the Trade Marks Act 2002.

² Regulation 19 of the Trade Marks Regulations 2003.

³ Section 190(1) of the Trade Marks Act 2002 and regulation 20(1) of the Trade Marks Regulations 2003.

⁴ Regulation 20(1) of the Trade Marks Regulations 2003.

⁵ Regulation 20(2) of the Trade Marks Regulations 2003.

⁶ Regulation 21(1) of the Trade Marks Regulations 2003.

⁷ Regulation 21(2) of the Trade Marks Regulations 2003.