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Request to merge a trade mark

You can apply to merge two or more trade mark applications or registrations into one. There is no charge for the service.

   

1. Examination

The Commissioner examines all applications to merge separate trade mark applications or registrations to ensure they:

  • Are for the same mark or series of marks;
  • Have the same filing date and convention priority date, if any;
  • Have the same status; for example, accepted for registration or registered;
  • Are in the name of the same applicant or owner; and
  • Are classified according to the same edition of the Nice Classification.

For more information about these requirements please review Guideline No.18 Merger.   

 

2. Reflection in the register

You can view the details of successfully merged applications or registrations through the online register.

Merged marks take on the lowest trade mark or application number. Any changes to the application or registration are reflected in the details of that trade mark or application. The details of the other marks are viewable as a historic record; however, the status of those marks or applications, are noted as “Merged”. The application or registration numbers also appear in the “Related Trade Marks” field of all marks. 

   

3. Rejection

If the details of an application for merger are not in order, the applicant will be sent a Notice of Rejection of Merger, stating the grounds on which the Commissioner rejects the application to merge the trade marks.

 

To request to merge trade marks:

  1. You will need to be logged on as a registered user of the website. Read more...
  2. Select Maintain a Trade Mark from the left hand menu of your Inbox. The Request Trade Mark Change page will display.
  3. Click Select cases(s) for Merge. The Search Trade Mark Case screen displays.
  4. Search for the trade marks that you wish to merge. Once you have identified the correct cases check the radio button to select. Then click the Select button.
  5. Enter your Client Reference and make the changes following the onscreen help.
  6. Select Submit.
  7. You will return to the Request Trade Mark Change screen and a confirmation Info box will appear. Click OK to close the box.

 

Last updated 12 February 2012

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