Trade Marks Act 2002

Process for obtaining registration of trade mark and other matters - Registration of trade mark

52: Commissioner may dispense with production of probate or letters of administration in certain cases

You could also call this:

"Commissioner can help transfer trade marks when the owner dies without official papers"

The Commissioner can sometimes help when someone who owns a trade mark or has applied for one has died. You don't always need to show official papers like probate or letters of administration.

If you ask the Commissioner and pay any required fees, they can do two things:

First, if the owner of a registered trade mark has died, the Commissioner can register a qualified person as the new owner.

Second, if someone applied for a trade mark but died before it was registered, the Commissioner can let a qualified person finish the application and become the registered owner.

When a qualified person becomes the new owner this way, they must respect any existing rights or claims on the trade mark.

This process doesn't change what the Administration Act 1969 says in sections 70 and 73.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 13 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164619.

Topics:

Business > Intellectual property

51: Commissioner's requirements on registration, or

"What happens when your trade mark is accepted"

53: Replacement of certificate of registration, or

"How to get a new trade mark certificate if you lost yours"

Part 3Process for obtaining registration of trade mark and other matters
Registration of trade mark

52Commissioner may dispense with production of probate or letters of administration in certain cases

On application in the prescribed manner and payment of any prescribed fees, the Commissioner may, without requiring the production of probate or letters of administration,—
if the owner of a registered trade mark has died, whether before or after the commencement of this Act, register a qualified person as the owner of the trade mark:
if an applicant has died before the registration of the trade mark, whether before or after the commencement of this Act, allow a qualified person to complete the application and may register that person as the owner of the trade mark.

Every qualified person who is registered under this section as the owner of a trade mark must hold it subject to all existing interests and equities affecting it.
Nothing in section 70 or section 73 of the Administration Act 1969 limits this section.