3. Authorisation of agent

¹¹Where an agent makes an application for the registration of a trade mark, a written authorisation of agent is not required from the agent’s principal, unless the Commissioner asks for written authorisation in a particular case.¹² The fact that the agent files the application is sufficient evidence of the agent’s authority to do so.

Where an agent replies to a Compliance Report and the trade mark applicant did not list an agent at the time the trade mark application was filed, a written authorisation of agent is required from the agent’s principal and should be provided before the response is made. If this is not available, then a written statement from the agent that they are authorised to act on behalf of the principal should be submitted. The Commissioner may then request that a written authorisation of agent be submitted within a specified time.

Footnotes

¹¹Practice Guideline Amendment 2007/04, Intellectual Property Office Newsletter, 1 August 2007.

¹² Regulation 22(2) of the Trade Marks Regulations 2003.