22.6.2. Other types of amendments: Adding a new registered owner

If an owner’s name was omitted due to clerical error or obvious mistake, the name of a new owner can be added under reg 9.05(2) on the basis that it was always the applicant’s intention to have that owner’s name on the Register.

If there is a request to amend the Register to add a new registered owner, the requester must give evidence to show that the name of the individual was known at the relevant time and to explain the nature of the clerical error or obvious mistake that resulted in that individual’s name being omitted.

​​​​​​​It is not enough to simply state (even in declarations) that, for example, ‘it was always the intention that ...’. This does not constitute evidence of a relevant clerical error or obvious mistake. If the requester does not provide enough evidence of the existence of an error or mistake, we will let the requester know that a clerical error or obvious mistake has not been established. The owner may apply for a court order to amend the Register (s 120).

Note that where a new registered owner name is added on the basis of a previous clerical error or obvious mistake, it is likely that the correction will convert a wholly invalid design into a valid design, so the Registrar will only make this type of correction on the basis of clear and convincing evidence.

Even if the Register is amended under reg 9.05, the registration may still be invalid as against the grounds set out in s 93(3)(b) and (c).

It is possible that the parties associated with the design realise after its registration that another person (not a creator of the design) should have been included as a co-applicant. The best way to deal with this is by asking the Registrar to record an assignment of a part interest in the design, rather than by requesting a correction on the basis of clerical error.

​​​​​​​If the person requesting the change is not the registered owner, we will treat the request with caution and only act on it after informing the registered owner (reg 9.05(3)).