Trade Marks Act 2002

Process for obtaining registration of trade mark and other matters - Other matters - Assignment or transmission

82: Registration of title to trade mark

You could also call this:

"Changing the owner of a trade mark"

You can give away or pass on a trade mark for some or all of the goods or services it covers. This is called assigning or transmitting a trade mark.

If you give away or pass on a trade mark after it's registered, either you or the new owner can ask the Commissioner to update the records. You need to prove that the new owner really owns it now.

When the Commissioner gets this proof, they will do a few things. They will register the new owner for the goods or services that have changed hands. They might give the new owner a new certificate. They will also keep records of the documents that show the change of ownership.

If you give away or pass on a trade mark before it's registered, either you or the new owner can ask the Commissioner to change the name on the application. You need to prove that the new owner really owns it now.

When the Commissioner gets this proof, they will change the name on the application. They will also keep records of the documents that show the change of ownership.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164665.


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Part 3Process for obtaining registration of trade mark and other matters
Other matters: Assignment or transmission

82Registration of title to trade mark

  1. A trade mark is assignable and transmittable in respect of all or some of the goods or services for which it is registered.

  2. If title to a trade mark is assigned or transmitted after the date the trade mark is registered, either of the following persons may apply to the Commissioner to register the new owner’s title:

  3. the person registered as the owner of the trade mark:
    1. the person to whom the trade mark has been assigned or transmitted.
      1. On proof of the new owner’s title, the Commissioner—

      2. must register the new owner as the owner of the trade mark in relation to the goods or services in respect of which the assignment or transmission has effect; and
        1. may issue a replacement certificate of registration in the name of the new owner; and
          1. must cause any assignment, transmission, or other document produced in evidence of title, or a copy of any of those documents, to be filed for public record.
            1. If title to a trade mark is assigned or transmitted before the actual date of registration, either of the following persons may apply to the Commissioner to change the name of the applicant on the application:

            2. the applicant for registration of the trade mark:
              1. the person to whom the trade mark has been assigned or transmitted.
                1. On proof of the new owner’s title, the Commissioner must—

                2. change the name of the applicant on the application; and
                  1. cause any assignment, transmission, or other document produced in evidence of title, or a copy of any of those documents, to be filed for public record.
                    Notes
                    • Section 82(2): replaced, on , by section 11 of the Trade Marks Amendment Act 2011 (2011 No 71).
                    • Section 82(3): replaced, on , by section 11 of the Trade Marks Amendment Act 2011 (2011 No 71).
                    • Section 82(4): replaced, on , by section 11 of the Trade Marks Amendment Act 2011 (2011 No 71).
                    • Section 82(5): inserted, on , by section 11 of the Trade Marks Amendment Act 2011 (2011 No 71).