The Trade Marks Rules 1994

Agents

Proof of authorisation of agent may be required; s.82 (Form TM33)

46.—(1) Where an agent has been authorised under section 82, the registrar may in any particular case require the personal signature or presence of the agent or the person authorising him to act as agent.

(2) Where after a person has become a party to proceedings before the registrar, he appoints an agent for the first time or appoints one agent in substitution for another, the newly appointed agent shall file Form TM33, and any act required or authorised by the Act in connection with the registration of a trade mark or any procedure relating to a trade mark may not be done by or to the newly appointed agent until on or after the date on which he files that form.

(3) The registrar may by notice in writing sent to an agent require him to produce evidence of his authority.

Registrar may refuse to deal with certain agents; s.88

47.  The registrar may refuse to recognise as agent in respect of any business under the Act—

(a) a person who has been convicted of an offence under section 84;

(b) an individual whose name has been erased from and not restored to, or who is suspended from, the register of trade mark agents on the ground of misconduct;

(c) a person who is found by the Secretary of State to have been guilty of such conduct as would, in the case of an individual registered in that register, render him liable to have his name erased from it on the ground of misconduct;

(d) a partnership or body corporate of which one of the partners or directors is a person whom the registrar could refuse to recognise under paragraph (a), (b) or (c) above.