Part 6AMENDMENT OF APPLICATION AND OTHER DOCUMENTS

PART 6—AMENDMENT OF APPLICATION AND OTHER DOCUMENTS Amendment of application 64.(1) The Registrar may, at the request of the applicant, amend an application for the registration of a trade mark as provided in this Part. (a) an application for the registration of a trade mark may be amended under section 66; and (b) the applicant has not asked that the application be amended; the Registrar may, in accordance with the regulations, direct that the application be amended as necessary to remove any ground on which the application could be rejected. Amendment before details of application are published 65. If: (a) the details of the application have not yet been published under section 28; and (b) the request for the amendment is made within the prescribed period; an amendment may be made to correct a clerical error or an obvious mistake. Amendment after details of application have been published 66.(1) If the details of the application have been published under section 28, the application may be amended as provided in this section. (2) An amendment may be made to the representation of the trade mark if the amendment does not substantially affect the identity of the trade mark as at the time when the details of the application were published. (3) An amendment may be made to correct a mistake of fact or an error in the classification of any goods or services specified in the application. (4) An amendment may be made to change the type of registration sought in the application (for example, an application for the registration of a trade mark as a certification trade mark may be amended to an application for registration as a collective trade mark). (5) An amendment may be made to any other particular specified in the application unless the amendment would have the effect of extending the rights that (apart from the amendment) the applicant would have under the registration if it were granted. Amendment of other documents 67. The Registrar may, at the request of the person who has filed an application (other than an application for the registration of a trade mark), a notice or other document for the purposes of this Act, amend the application, notice or document: (a) to correct a clerical error or an obvious mistake; or (b) if the Registrar is of the opinion that it is fair and reasonable in all the circumstances of the case to do so. 68. An appeal lies to the Federal Court from a decision of the Registrar under this Part.