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 not required from the agent’s principal unless the Commissioner asks for written authorisation in a particular case.¹³ The fact that the agent files the reply is sufficient evidence of the agent’s authority to do so.

The agent replying to the Compliance Report will be entered as the agent for the trade mark.

Footnotes

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

¹² Regulation 22(1) of the Trade Marks Regulations 2003.

¹³ Regulation 22(1) of the Trade Marks Regulations 2003