4. Rectification by the owner of a trade mark

Regulation 86 of the Regulations sets out the necessary formalities for an application to rectify a registered trade mark pursuant to section 76 of the Act. An application for rectification by the owner of the registered trade mark must be in writing,¹⁶ signed by the applicant, ¹⁷ and contain the following information:¹⁸

1. The applicant’s name and address for service;
2. If the applicant has an agent, the agent’s name;
3. A description or representation of the trade mark to which the application relates;
4. The number of the registration of the trade mark to which the application for rectification relates;
5. The class or classes to which the application relates;
6. The extent to which rectification is sought; and
7. The grounds for rectification.

Footnotes

¹⁶ Regulation 86(1)(a) of the Trade Marks Regulations 2003.

¹⁷ Regulation 86(1)(c) of the Trade Marks Regulations 2003.

¹⁸ Regulations 86(1)(b) and 87 of the Trade Marks Regulations 2003.