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Chapter XIII - Miscellaneous

Section 143

Section 143: Address for service

The service address in an application or opposition is treated as the applicant’s or opponent’s address for that matter.

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Need advice on Section 143?

This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

An address for service stated in an application or notice of opposition shall for the purposes of the application or notice of opposition be deemed to be the address of the applicant or opponent, as the case may be, and all documents in relation to the application or notice of opposition may be served by leaving them at or sending them by post to the address for service of the applicant or opponent, as the case may be.

Rule and business relevance

Documents relating to that application or opposition may be left at or posted to the stated address. Reliable monitoring of the chosen address is therefore important.

Limits and related provisions

Do not assume a change in business premises automatically changes the recorded service address. Check the current prescribed update process and any applicable service rules.

Hypothetical business example

Hypothetical example: An applicant moves offices and arranges the appropriate address update and mail monitoring so that Registry correspondence is not missed.

Practical decision flow

Confirm the service address recorded for the matter.

Maintain reliable receipt and internal forwarding arrangements.

Use the prescribed process for any necessary update.

Applying the Act and current procedure

Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.

Practical checklist

Do

  • Confirm the service address recorded for the matter.
  • Maintain reliable receipt and internal forwarding arrangements.
  • Use the prescribed process for any necessary update.

Avoid

  • Do not assume a change in business premises automatically changes the recorded service address. Check the current prescribed update process and any applicable service rules.

Glossary

Service address
The address treated as the party’s address for the specified matter.
Matter-specific service
Service of documents relating to the application or opposition.

Frequently asked questions

Can the service address differ from where the owner happens to be?

The statutory effect attaches to the address stated for service.

Is posting a stated service method?

Yes. The text allows leaving documents there or sending them by post.

Should an address change be managed formally?

Use the applicable current procedure rather than assuming the record changes itself.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026