8. Amendments, alterations and corrections of error

⁴¹Applicants 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

⁴¹ Practice Guideline Amendment 2006/02, IPONZ Newsletter, May 2006.

The certification mark regulations may not be amended without the consent of the Commissioner. The owner of a registered certification mark may apply to alter the regulations that govern the use of the mark.⁴² The owner of the mark must provide a draft of the altered regulations for the Commissioner’s approval.⁴³

The amended regulations are examined on the same basis as the original filed application. Where the amended draft regulations are approved by the Commissioner the application for the alteration of the regulations is advertised in the Journal.⁴⁴

Any person who wishes to oppose the amendment of the regulations then has three months from the date of the advertisement in the Journal in which to do so.⁴⁵

Footnotes

⁴² Section 79(1) of the Trade Marks Act 2002.

⁴³ Section 79(2) of the Trade Marks Act 2002.

⁴⁴ Section 80(1) of the Trade Marks Act 2002.

⁴⁵ Section 80(1) of the Trade Marks Act 2002.