FOR IP PROFESSIONALS

Provisions for change

There are provisions outlining the circumstances under which an amendment may be allowed, such as adding a class or classes of goods or services, or deleting a mark from an invalid series.

Fair and reasonable

The Registrar will only consider the request if it is fair and reasonable to do so. For example, a request made a long time after filing your application might not be allowed.

All amendments need to be considered carefully by the Registrar before they are granted in order to lessen the potential adverse impact of such an amendment on other parties.

The Registrar may also require you to file a declaration in support of your request, and will conduct a search of the Australian Trade Mark Online Service System (ATMOSS) database for marks that might become conflicting because of the proposed changes to your trade mark.

If any conflicts are located, this may affect the registrar's consideration of your request.

Advertising and oppositions

Some amendments are required to be advertised. Once the Registrar is satisfied that the amendment can proceed, it will be advertised in the Australian Official Journal of Trade Marks for opposition purposes.

Advertising the amendment provides other people with an opportunity to object to the amendment if they feel that the change will affect them.

If no opposition has been filed, the amendment will be approved.

If the amendment has been opposed, then the opposition process will take place, in line with the procedures set down for opposition.

Extensions of time for opposition

If an opposition to your amendment is filed, you may need to apply for an extension of time while the opposition process takes place.

An application for amendment or an opposition to that amendment does not automatically defer your original application.

You may need to extend the time for your application to ensure it does not lapse.

Last Updated: 23/11/2013

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