9.7. Changes of name, address and address for service

Federal Register of Legislation - Trade Marks Regulations 1995

Federal Register of Legislation - Trade Marks Act 1995

Note: In cases where we intend to refuse to allow an amendment to a trade mark, endorsement, or goods or services, an applicant may wish to be heard.

When declining an amendment request, include the following information in your report / letter:

While I am not prepared to record the amendment you seek, this is not a final decision on your request for amendment. If you want a final decision or review of your requested amendment, you may ask to be heard by filing a hearing request and paying the associated fee.

The legislation provides that the name (section 216), the address (reg 21.3) and the address for service (section 215) of a person who has filed an application, notice or request may be amended if notice is given by the person who filed the application, notice or request.  Some minor amendments, as outlined in Part 9.2.1, may be requested by phone, however, most amendment requests will be required in writing.

The same provisions also require that the Registrar be notified of a change to a name, address or address for service of a registered owner of a trade mark, or of a person recorded as claiming an interest in or right in respect of a trade mark.  Where such notice is given, an appropriate amendment is made.

• Part 10 Details of Formality Requirements

Supporting documentation is not usually necessary, although the Registrar may require it if there is any doubt as to the validity of the request (reg 21.3).  This may be particularly important in cases where it appears to the Registrar that a simple request for a change to an owner's name and address actually involves the legal transfer of ownership of a trade mark. Assignments of ownership of an application for a trade mark or registration of a trade mark are quite different from changes of name (and address), and are dealt with in the Part relating to assignment.

• Part 43 Assignment and Transmission

Under regulation 21.11, if a person, during the course of proceedings involving other parties, advises the Registrar that they have changed their address for service, then they must also notify any other parties to the proceedings.  They must also notify any other person whom the Registrar directs them to notify.

• Part 51 General Opposition Proceedings

*Note: Certain actions can only be completed by appropriate staff. Any requests for changes of name, address or address for service are processed by Administration staff.