4.1 Commissioner to decide application for rectification

Where an application for rectification is made by the owner of the registered trade mark the Commissioner will determine whether or not there is an error or omission in the register. This determination will be based on the following information:

• The information supplied by the applicant for rectification, including the grounds for rectification and any supporting evidence; and
• Any relevant information sourced from IPONZ records and the register.

The Commissioner will investigate the application thoroughly. Where the application for rectification lacks the required information or is unclear, IPONZ will write to the relevant person asking for further documentation or further clarification on an issue prior to a decision being made.