Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p35
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 88419–91211

of a trade mark, the Registrar must by notification to the applicant:
 (a) set out the proposed amendment and the reason for making the amendment; and
 (b) state that the proposed amendment will be made at the end of a reasonable period stated in the notification, unless the applicant objects to the amendment within that period.
 (2) If an applicant objects to an amendment proposed by the Registrar within the period mentioned in paragraph (1)(b), the Registrar must not make the amendment unless the objection is withdrawn.

6.2  Request to amend before publication of details
  For the purposes of paragraph 64(b) of the Act (which deals with amendments before publication), the period for requesting an amendment is 14 days after filing the application for the registration of the trade mark.

6.3  Filing of declarations
  If a person requests an amendment under section 64 of the Act (which deals with amendments before publication) or paragraph 66(a) of the Act (which deals with amendment of other documents), the Registrar may require the applicant to file a declaration stating:
 (a) that a clerical error or obvious mistake was made in the application; and
 (b) the circumstances in which the error or mistake was made.
Note: Regulations 21.6 and 21.7 deal with making and filing declarations.

6.3A  Publication of request for amendment
  For the purposes of subsection 65A(3) of the Act, the request for the amendment must be published in a computer database maintained by the Trade Marks Office.

6.4  Notification of amendments
  If the Registrar amends an application, notice or document under Part 6 of the Act, the Registrar must give notification of the amendment to:
 (a) the person who requested the amendment; and
 (b) any other person that the Registrar thinks appropriate.

Division 2—Opposition to amendment after particulars published

6.5  Definitions
  In this Division:
notice of opposition means a notice filed under subregulation 6.6(1).
party means an applicant or opponent.
Note: The following terms are defined in section 6 of the Act:
(a) applicant;
(b) approved form;
(c) file;
(d) month;
(e) person.

6.6  Notice of opposition
 (1) For subsection 65A(4) of the Act, a person may oppose a request for amendment by filing a notice of opposition, in an approved form, within one month from the publication of the request for the amendment in a computer database maintained by the Trade Marks Office in accordance with regulation 6.3A.
 (2) The Registrar must give a copy of the notice to the applicant.

6.7  Notification and opportunity to make representations
 (1) This regulation applies if:
 (a) a party makes a request to the Registrar under this Division; or
 (b) the Registrar proposes to make a decision on the Registrar's own initiative under this