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14. Rectification
Note: This is the print view with all the Document pages on one page. The paginated version is available here, if you prefer that.
14.1 Application for rectification (Regulation 87)
An application for rectification must contain the following information:
- The applicant’s name and address for service;
- If the applicant has an agent, the agent’s name;
- A description or representation of the trade mark to which the application for rectification relates;
- The number of the registration of the trade mark to which the application for rectification relates;
- The class or classes to which the application for rectification relates;
- The extent to which rectification is sought;
- The grounds for rectification;
- In the case of an application by a person who is not the owner of the trade mark, a statement of the basis on which the applicant claims to be a person who has an interest for the purposes of section 76 (1) of the Act.
14.2 Counter-statement to an application for rectification (Regulation 89)
A counter-statement to an application for rectification must include the following information:
- The owner’s name and address for service;
- If the owner has an agent, the agent’s name;
- A response to the applicant’s grounds for rectification, by admitting, denying or claiming lack of knowledge or, each assertion made in the grounds for rectification;
- A brief statement of the facts on which the owner relies in support of the registration.
Last updated 16 November 2009
