22.3.1. Amending a registration: Amendments that are not allowable

Date Published

An applicant cannot amend a design registration if the amendment request:

  • increases the scope of the design registration and/or
  • alters the scope of the registration by including matter that was not in substance disclosed in the original application, representations or other documents (s 66(6)).

Where the examiner raises an objection based on s 66(6), the examiner does not need to prove that the amendment increases or alters the scope of the registration – instead the owner needs to justify their amendment. The owner must give clear and convincing reasons (based on the design and supporting material) why the Registrar should amend the registration. The owner might be able to do this by making a persuasive argument or providing declaratory evidence from relevant familiar persons / informed users.

Mere assertions that the examiner must prove the amendment or that ‘the examiner is wrong’ do not give the Registrar any reason to exercise the power to amend the registration.

Amended Reasons

Amended Reason Date Amended

Amendments review.