What you can change
There are three types of amendments you can make to a trade mark application. It's free to make most amendments, unless otherwise specified.
1. Minor changes to your application before examination starts
If you haven't already received your examination report, you can request to make amendments to your trade mark application. These can include:
- Updates to your personal details
- Removing or reducing the number of goods and services
- Adding or removing endorsements.
You can change these details via online services. We won’t check the amendments until we start examining your application.
2. The examiner may request minor amendments to your application. Changes can include:
- Ownership details
- Remove or reduce the number of goods and services
- Add or change endorsements.
3. Voluntary amendments to a registered trade mark
If you want to make changes to a registered trade mark, there are strict rules you'll need to follow. You may want to consider seeking the advice of a registered trade marks attorney.
How to amend following an examination report
1. Submit a request via online services
Submit your request via the ‘Respond to an examiner's report’ option on the dashboard, either via the search function or the 'IP Portfolio' tab.
2. Clearly outline any proposed changes
Your response should clearly outline any proposed changes. For example: I request to delete classes 9 and 10 from my application to address the issues raised by the examiner.
Note: if you need to add an additional class, additional fees are applicable.
3. Provide supporting documents
If you need to provide evidence to support your request, this must be in an approved format with an accompanying declaration form.
If you want to amend something else, you'll need to provide a written declaration — otherwise your amendments are unlikely to be accepted.
These amendments can be due to mistakes in your application, including:
- A clerical error
- An obvious mistake at the time of filing.
If you're unsure as to whether your proposed amendments are allowable, contact the person who examined your application. Their name and contact details will be provided on the report.
What you can't change
There are some things in your trade mark application that you can't amend. These include:
- Increasing the number of goods and services
- Adding extra items within the classes that you’ve already selected
- Amending the trade mark representation (unless the examiner has requested it).
If you want to make these changes, you'll need to lodge a new trade mark application.
Get early feedback on your application
TM Headstart allows you to amend your trade mark before filing in ways that are outside the allowed scope of amendments once the application is formally filed.
We'll perform a quick turnaround assessment of your trade mark, allowing you to fix any issues before you formally file an application.