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DESIGNS REGULATIONS 2004 - REG 9.05 Correction of Register

DESIGNS REGULATIONS 2004 - REG 9.05

Correction of Register

  (1)   The Registrar may, of his or her own motion, amend an entry in the Register to correct a clerical error or an obvious mistake.

  (2)   The Registrar may, on request made in the approved form, amend an entry in the Register:

  (a)   to correct a clerical error or an obvious mistake; or

  (b)   if a name or an address entered in the Register has been changed--to change the name or address.

  (3)   If the Registrar proposes to amend an entry in the Register, the Registrar may notify the proposed amendment to a person who is entered in the Register as having an interest in the design.

  (4)   If a proposed amendment of an entry would materially alter the meaning or scope of the entry, the Registrar must publish, in the Official Journal , a notice of the request to amend the entry.

  (5)   A person may oppose the amendment by filing a notice of opposition, in an approved form, within one month from the publication of the notice under subregulation   (4).

Note:   For the circumstances in which an extension of time can be sought, see section   137 of the Act.

  (6)   The Registrar must give a copy of the notice of opposition to the person who requested the amendment as soon as practicable.

  (7)   If the amendment is not opposed, the Registrar must amend the entry as requested.

  (8)   If the amendment is opposed, the Registrar must amend the entry if the Registrar decides to do so, subject to a decision of a tribunal or prescribed court in relation to the opposition.