82 Registration 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:

(a)

the person registered as the owner of the trade mark:

(b)

the person to whom the trade mark has been assigned or transmitted.

(3)

On proof of the new owner’s title, the Commissioner—

(a)

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

(b)

may issue a replacement certificate of registration in the name of the new owner; and

(c)

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.

(4)

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:

(a)

the applicant for registration of the trade mark:

(b)

the person to whom the trade mark has been assigned or transmitted.

(5)

On proof of the new owner’s title, the Commissioner must—

(a)

change the name of the applicant on the application; and

(b)

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.

Compare: 1953 No 66 s 34(1)

Section 82(2): replaced, on 29 April 2013, by section 11 of the Trade Marks Amendment Act 2011 (2011 No 71).

Section 82(3): replaced, on 29 April 2013, by section 11 of the Trade Marks Amendment Act 2011 (2011 No 71).

Section 82(4): replaced, on 29 April 2013, by section 11 of the Trade Marks Amendment Act 2011 (2011 No 71).

Section 82(5): inserted, on 29 April 2013, by section 11 of the Trade Marks Amendment Act 2011 (2011 No 71).