FOR IP PROFESSIONALS

Amending your trade mark

IP Australia staff member standing outside the IP Australia meeting rooms

At any stage after filing your application, you may apply in writing to record changes in the details of your application or registration.

Note: Goods or services cannot be extended and only very minor amendments are allowed to the trade mark itself.

Amending your trade mark application or registration

Amendments to application details may be made before and after particulars of the application have been published. You may also request amendments to details of a registered trade mark.

The particulars of an application are considered published when the details of the application are available on the Australian Trade Marks Online Services System (ATMOSS).

Amendments can be made to document details in order to overcome matters which do not accord with the Act, to correct an error, or to reflect changed circumstances such as a change of name, address or address for service.

Shortly after a trade mark application is filed, it is published in the ATMOSS as a pending application. The database is publicly available and can be searched online by anyone. This means amendments need to be carefully considered before they are made so they don't impact other parties. Some amendments are required to be advertised in the Australian Official Journal of Trade Marks to allow for opposition to the amendment before being approved.

Some minor amendments can be made by phone. All other amendments must be made in writing by the applicant or their agent.

What amendments can be made by phone?

  • An obvious typographical error or minor clerical mistake
  • Changes to a convention application number in relation to a priority claim
  • A typographical error in the address for service
  • Translation endorsements of non-English words and non-Roman characters
  • Minor typographical changes to other endorsements.

What amendments need to be in writing?

  • Changes to the name of the applicant
  • Changes to the address of the applicant
  • Changes to the address for service
  • Changes to the representation of trade mark
  • Adding or deleting goods and services
  • Adding or transferring a class of goods and services
  • Adding or changing endorsements (other than translation endorsements).

Last Updated: 23/11/2013

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