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3. Authorisation of agent
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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.
3.2 General authorisation of agent
An agent may file a general authorisation of agent. A general authorisation of agent covers all intellectual property files relating to a particular proprietor.
When an agent submits a general authorisation, the authorisation is assigned a reference number. This file is kept at IPONZ and allows staff to ascertain whether organisations submitting legal documentation on behalf of others, are authorised to do so.
A general authorisation does not alter the address for service of any of the files it relates to.
3.3 Mergers
Where a different agent to the one listed on the trade mark application or registration makes an application for the merger of two or more trade mark applications or registrations on behalf of an applicant, a written authorisation of agent is not required, unless the Commissioner asks for written authorisation in a particular case. 16 The fact that the agent files the application for merger is sufficient evidence of the agent’s authority to do so.
The agent requesting the merger will not be entered as the new agent for the trade mark unless the agent files a specific authorisation of agent.
Footnote
16 Regulation 22(1) of the Trade Marks Regulations 2003
3.4 Renewals
Where a different agent to the one listed on the trade mark application or registration makes an application for renewal or a trade mark registration on behalf of an applicant, a written authorisation of agent is not required, unless the Commissioner asks for written authorisation in a particular case.17 The fact that the agent files the application for renewal is sufficient evidence of the agent’s authority to do so.
The agent requesting the renewal will be entered as the renewal interest for the trade mark unless the Commissioner is advised otherwise.
Footnote
17 Regulation 22(1) of the Trade Marks Regulations 2003.
3.5 Change of name or address
18Where a different agent to the one listed on the trade mark application or registration makes an application for a change of name or address on behalf of an applicant or the owner of a trade mark, a written authorisation of agent is not required, unless the Commissioner asks for written authorisation in a particular case.19 The fact that the agent files the application for a change of name or address is sufficient evidence of the agent’s authority to do so.
The agent requesting the change of name or address will not be entered as the new agent for the trade mark unless the agent files a general or specific authorisation of agent.
Footnotes
18Practice Guideline Amendment 2008/04, Intellectual Property Office Newsletter, April 2008.
