Free Is it Possible to Amend a Trademark Application after Filing in Australia? Perth

Yes, it is possible to amend a trademark application after filing in Australia, but the scope of amendments is limited to ensure the integrity of the original application. Under Australian law, minor changes can be made to the application, but substantial alterations—like changing the trademark itself or the list of goods and services—are generally not allowed. Trademark Registration Australia policies emphasize that amendments are only permissible within strict boundaries to preserve the core of the initial application.

1. Types of Allowed Amendments

The amendments that can be made include correcting errors such as typos or mistakes in the applicant’s name, address, or details of the goods and services. These changes are considered minor and do not alter the essence of the original application.

2. Restrictions on Amendments

If you need to change your trademark design, wording, or significantly modify the scope of goods or services, you will likely have to file a new application. This is because substantial changes would result in a different trademark, which the system does not allow under the existing application.

3. Timing of Amendments

Amendments can be made at various stages of the application process. You may apply to amend the application while it is under examination or after it has been accepted but before registration. In some cases, you may also request to amend the application during the opposition period if there are objections.

Conclusion

While it is possible to make certain amendments to a trademark application in Australia, these changes are generally limited to correcting minor details. Significant alterations are not permitted without filing a new application. At LexGeneris, we ensure that your trademark application is accurate from the outset, minimizing the need for amendments and potential delays. Contact us for expert advice on trademark applications in Australia.

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