2.1 Refusal to recognise an agent

The Commissioner may refuse to recognise a prescribed class of person as an agent.⁸ The prescribed class of person that the Commissioner may refuse to recognise as an agent includes a person:⁹

• Who is suspended from practice before the Patent Office; or
• Whose name has been removed from the register of patent attorneys under section 102 of the Patents Act 1953, and has not been restored to the register; or
• Whose name has been removed from or struck off the roll of barristers and solicitors under the provisions of the Law Practitioners Act 1982, and has not been restored to the roll; or
• Who is suspended from practice as a barrister or solicitor; or
• Who has been convicted of an offence specified in Part X (except sections 293 to 305) of the Crimes Act 1961 or who has been convicted of an equivalent offence in another country.

Where the Commissioner refuses to recognise a person as an agent, the Commissioner will notify that person and that person’s principal in writing.¹⁰

The notification will explain how the person does not comply with the requirements of the Act, and will invite the person to respond. The notification will give the person a time limit within which to respond.

Footnotes

⁸ Section 190(2) of the Trade Marks Act 2002.

⁹ Regulation 23 of the Trade Marks Regulations 2003.

¹⁰ Regulation 24 of the Trade Marks Regulations 2003.