Trade Marks Amendment Regulations 1998 (No. 2) (Cth)

Statutory Rules 1998No. 265 1

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Trade Marks Amendment Regulations 1998 (No. 2)2

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Trade Marks Act 1995.

Dated 25 August 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

J. MOORE

Minister for Industry, Science and Tourism

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1.   Name of regulations

1.1   These regulations are the Trade Marks Amendment Regulations 1998 (No. 2).

2.   Commencement

2.1   Regulation 5 commences on 1 November 1998.

2.2   The remainder of these regulations commence on gazettal.

3.   Amendment

3.1   The Trade Marks Regulations 1995 are amended as set out in these regulations.

4.   Regulation 21.21 (What fees are payable)

4.1   Omit “For the purposes of”, substitute “(1)    For”.

4.2   After subregulation 21.21 (1), insert:

 “(2)If a person asks the Registrar, under subsection 75 (1) of the Act, to renew the registration of a trade mark before it expires, the fee payable for the renewal is the fee that would be payable if the person had asked for renewal of the registration on the day when it would otherwise expire.

 “(3) Subregulation (4) applies if a person asks the Registrar, under section 79 of the Act, to renew the registration of a trade mark after it expires.

 “(4) The fees payable for the renewal are:

• (a)

  the fee that would have been payable if the person had asked for renewal of the registration on the day when it expired; and

 (b)the additional fee stated in item 9 of Schedule 9 for the period:

• (i)

  beginning on the day after the day when the registration expires; and

• (ii)

  ending on the day when the request for renewal is filed.”.

5.   Schedule 9 (Fees)

5.1   Item 9, column 3:

Omit “$500” (twice occurring), substitute “$300”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 August 1998.

2. Statutory Rules 1995 No. 341 as amended by 1996 Nos. 3, 184 and 272; 1997 No. 346: 1998 No. 258.