60.4.10 Amendments

Date Published

4.10.1 Relevant Legislation

Madrid Protocol

Article 9 Recordal of Change in the Ownership of an International Registration

Article 9bis Recordal of Certain Matters concerning an International Registration

Madrid Protocol Regulations

Rule 25(1)(a)(iv) Request for Recording of a Change; Request for Recording of a Cancellation

Trade Marks Act 1995

Part 6 Amendment of application for registration of a trade mark and other documents

Section 215 Address for service

Trade Mark Regulations

Reg 21.11 Change of address for service - notice to interested parties

Reg 21.33 Directions not otherwise prescribed

4.10.2  General Description

Amendments to international registrations can only be requested by the holder and must be made directly to the IB.  This includes changes of name, address, ownership and limitations to the goods and/or services.

A decision by IP Australia to accept an IRDA for protection for only some of the goods and/or services of the international registrations does not result in an amendment of the specification of the international registrations.  It results only in a limitation of the protection extended by Australia.  That limitation is entered in the International Register with respect to Australia.  

Note:  Any limitation of the protection must have been either identified in the provisional refusal or requested by the holder through the IB.

Where the holder has requested to limit the scope of the international registrations for Australia, the Registrar may, when notified by the IB of that limitation, declare that the limitation in respect of Australia of the goods and/or services listed in an international registrations has no or some effect, for example where the limitation would extend the rights of the holder.  Such a declaration must be made within the declaration period, as defined in Regulation 17A.27A, and a copy of the declaration must be sent to the IB.

Notification of protection is sent to the IB in which it is stated that the IRDA has been protected by IP Australia for some but not all of the goods and/or services.  Those goods and/or services are identified.  The IP Australia database will be changed to reflect this decision but the record of the original goods and/or services on the International Register itself remains unchanged.

The IB and the holder are notified.  The IB will then record the details of the scope of protection in Australia for the relevant international registration.

4.10.3  Process for Amendments

Amendments to all other documents, applications and requests follow the current processes for national applications, (see Part 9 Amendments and Changes to Name and Address).

Amended Reasons

Amended Reason Date Amended

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