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Trade Marks Act 2002

Process for obtaining registration of trade mark and other matters - Applications - Amendment of application

37: Withdrawal, etc, of application

You could also call this:

"You can take back or change parts of your trade mark request"

You can withdraw your application or reduce the list of goods or services you want to protect with your trade mark at any time.

You can also ask to change your application, but only to fix your name or address, or to correct a mistake. If you want to fix a mistake, the person in charge (called the Commissioner) has to agree that the change won't really alter what your application means or covers.

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Topics:
Business > Intellectual property
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38: When Commissioner or court may amend application, or

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Part 3Process for obtaining registration of trade mark and other matters
Applications: Amendment of application

37Withdrawal, etc, of application

  1. An applicant may, at any time, withdraw an application or limit the specification.

  2. An application may also be altered, at the request of the applicant, by correcting only—

  3. the name or address of the applicant; or
    1. an error or omission if, in the Commissioner's opinion, the correction of the error or omission does not materially alter the meaning or scope of the application.

      Notes
      • Section 37(2)(b): replaced, on , by section 8 of the Trade Marks Amendment Act 2005 (2005 No 116).