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8. Amendments, alterations and corrections of error
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8.1 Correcting the nature of an application
31Applicants may request that the Commissioner correct an error or omission regarding the nature of the application.
A request to change the nature of a trade mark application (for example from a standard trade mark application to a collective or certification trade mark application, or vice versa) is not considered a correction that materially alters the meaning or scope of the application. Such a request will therefore be allowed.
However, section 54 of the Act requires that the draft regulations must be submitted within six months of a certification trade mark application being filed. Therefore, an applicant will not be allowed to amend the nature of the mark from a standard trade mark or a collective trade mark, to a certification trade mark after the six month period has elapsed.
Footnote
31 Practice Guideline Amendment 2006/02, IPONZ Newsletter, May 2006.
