8. Process for amendments under subsection 63(1)

Date Published

If an amendment is not found to be in order, including whether the appropriate fee has been paid or if the amendment relates to an increase in class numbers a letter is sent out explaining the nature of the deficiency and that the amendment will not be processed until it is rectified.

If the application for amendment is found to be in order according to the relevant criteria, the amendment is approved unless the amendment has been made under section 65A. If an amendment request under section 65A would be granted, it must be advertised in the Official Journal to give other parties an opportunity to oppose the amendment. If no notice of opposition has been filed and served, the amendment is approved.

Once the amendment is approved, a standard notice is issued and the amendment is advertised in the Official Journal.  If the amendment has been requested as a result of the examination process, and is not an amendment to the specification of goods and/or services, the examiner will not always require a standard notice to be sent, as a report will be issued instead.

Where an amendment is made to the specification of goods and/or services, a standard notice must be dispatched (except where the amendment leads to the acceptance of an application).

If the amendment is not to the particulars of an application for a trade mark, or a registration, but to some other document and no entry is made in the Trade Marks database there is no advertisement in the Official Journal and acknowledgment will be by way of letter.

If the amendment is to a trade mark, the trade mark is re-indexed. The image is re- scanned if it is a device or fancy word trade mark.