{"id":7543,"date":"2021-11-03T15:27:14","date_gmt":"2021-11-03T05:27:14","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=7543"},"modified":"2021-11-03T15:27:15","modified_gmt":"2021-11-03T05:27:15","slug":"modify-trade-mark-logo","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/information\/modify-trade-mark-logo\/","title":{"rendered":"Can I Modify My Logo After Making a Trade Mark Application?"},"content":{"rendered":"\n

If you have ever submitted a trade mark application, or have a registered trade mark for your business’ logo already, chances are you are already familiar with the trade mark process. However, as your business grows and evolves, you might be looking to rebrand. This may include amending your logo. <\/p>\n\n\n\n

In short, it is possible to modify your logo any time after filing your trade mark application. However, there are limitations on how much you can amend your logo. Therefore, to help you understand your rights as a trade mark owner, this article will take you through how you can modify the logo for which you have registered a trade mark.<\/p>\n\n\n\n

Amending a Trade Mark<\/h2>\n\n\n\n

It is possible to make changes to your trade mark after your trade mark details have been published. However, this is only the case if the amendment does not expand the scope of what your trade mark covers. <\/p>\n\n\n\n

For example, adding new trade mark classes<\/a> would not be an acceptable amendment. You also cannot make changes that would substantially impact the identity of your trade mark. <\/p><\/blockquote>\n\n\n\n

Therefore, in the context of your business\u2019 logo, changing a design entirely would constitute impacting the identity of your logo. On the other hand, making slight changes to the arrangement of your logo\u2019s elements, or updating the lettering in a minor way, is unlikely to be an identity change.<\/p>\n\n\n\n

Trade Mark Identity<\/h2>\n\n\n\n

IP Australia will use a side-by-side comparison to assess whether the alteration to your trade mark substantially impacts your logo\u2019s identity. Importantly, when weighing up the similarities and differences between the two versions, the essential features need to be the same. It is important that the overall impression of the trade marks remain identical. Essentially, there should be no confusion to consumers about the origin of the modified trade mark.<\/p>\n\n\n\n

Amending a Trade Mark Application <\/h2>\n\n\n\n

Depending on the amendment required and the stage you are at in your trade mark application, different amendment procedures apply.<\/p>\n\n\n\n

Amendments Over the Phone <\/h3>\n\n\n\n

If you have applied for trade mark registration, but its details have not yet been published, you will be able to make minor amendments over the phone. For example, a minor amendment will include very obvious spelling mistakes or clerical errors in the address you have provided for service.<\/p>\n\n\n\n

Amendments in Writing<\/h3>\n\n\n\n

For amendments that you cannot make over the phone, you will need to make them in writing. For example, amendments that you need to make in writing include changes to the:<\/p>\n\n\n\n