3.1 Assignment and transmission

Where an agent makes an application for the assignment or transmission of a trade mark on behalf of an assignee, a written authorisation of agent is not required from the assignee, unless the Commissioner asks for written authorisation in a particular case.¹⁴ The fact that the agent files the application for assignment or transmission is sufficient evidence of the agent’s authority to do so.

The agent requesting the recordal of the assignment or transmission will be entered as the new agent for the trade mark. Where the agent is only authorised to execute the recordal of the assignment and not to be entered as the agent for the trade mark, then this should be made clear on the application for assignment or transmission.

Footnotes

¹⁴ Regulation 22(1) of the Trade Marks Regulations 2003.