44.5. Amending the record of a claim

5.1

A request to amend a claim must be in writing.  The request should be checked to determine whether or not the details of the trade mark application or registration provided accord with the database record.

5.2

The details of the request should also be checked to determine the nature of the amendment. Amendments to the name (section 216 and reg 11.2), address (regs 11.2 and 21.3) and address for service (section 215 and reg 11.2) may be dealt with in accordance with the general procedures for amendments outlined in Part 9.

• Part 9 Amendments and Changes to Name and Address

However, if an application to change the name (and address) of the person claiming the interest appears to be in reality in the nature of a transfer of ownership (assignment) of the claim of right or interest in a trade mark, then the person making the request should be advised that the existing claim must be cancelled, and a new application to record the new interest (by person now claiming to have the interest or right in respect of the trade mark) must be filed.

5.3

If the request for amendment is not in order, and therefore cannot be processed, the person(s) who made the request will be advised by way of a letter.

5.4

If the request for amendment is in order, the amendment should be processed and approved.

5.5

Approval will set a flag for standard notices to be issued to the person who claims the right or interest in the trade mark, and the owner of the trade mark. (There will be no publication)

5.6

As the record of a claim does not appear on the Certificate of Registration, there will be no need to amend the certificate.