Trade Marks Regulations (Amendment) (Cth)

Statutory

Rules1991No. 64 1

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Trade Marks Regulations 2(Amendment)

  

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Trade Marks Act 1955.

 

 Dated 10 April 1991.

  

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

    

JOHN N BUTTON

Minister of State for Industry, Technology and Commerce

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1.   Commencement

1.1   Regulations 3 and 5 commence on 1 May 1991.

  

2.   Amendment

2.1   The Trade Marks Regulations are amended as set out in these Regulations.

  

3.   Schedule 2

3.1   Omit the Schedule, substitute:

 

 SCHEDULE 2 Regulation 4

 

 FEES

 

Column 1 Item No.	Column 2 Matter	Column 3 Fee
1	On lodging: (a)   on a day, an application to register a trade mark, or a series of trade marks, in respect of goods or services in a prescribed class of goods or services (b)   on the same day, an application to register the same trade mark, or the same series of trade marks, in respect of goods or services in another prescribed class of goods or services	$145     $85
2	For registration of a trade mark or a series of trade marks—for each prescribed class of goods or services in which the goods or services in respect of which registration is effected are included	$250
3	On lodging: (a)   an application under section 19, 20, 21 or 23, subsection 36 (2) or section 74, 75, 87 or 127 of the Act, other than an application:         (i)    for cancellation of the entry of a trade         mark; or  (ii) to enter a change of an address; or         (iii)  to which the fee under paragraph (b)         applies   (b)   simultaneously, 2 or more applications under section 19, 21, 74, 75, or 87 of the Act that are to the same effect in respect of each trade mark to which the applications relate, other than an application referred to in subparagraph (a) (i) or (ii)	$50          $50, plus $25 for each application after the first
4	On lodging notice of opposition under subsection 21 (3) or 49 (1) or paragraph 139 (4) (c) of the Act or subregulation 19 (3), 22 (4), 28 (5) or 30 (2)	$85
5	On application under paragraph 47 (1) (b) to lodge further evidence in opposition proceedings	$45
6	On appearing at a hearing under regulation 50 or 72	$80
7	On lodging a request under regulation 76	$80
8	On lodging an application for restoration under subsection 71 (1) of the Act	$180
9	On lodging an application under section 69 of the Act for renewal of the registration of a trade mark	$470
10	For supply of a certified copy of a certificate of registration: (a)   for the first certified copy (b)   for each additional certified copy that is the same, and supplied at the  same time, as the first certified copy	$75 $55
11	For supply of a certificate under subsection 17 (2) or (3) of the Act: (a)   for the first certificate (b)   for each additional certificate that is the same, and supplied at the same time, as the first certificate	$75 $55
12	For supply under subsection 17 (2) of the Act of an uncertified photographic copy of, or extract from, the Register or another document	$10
13	On lodging an application under the Act or Regulations for an extension of time: (a)    if the application is lodged before the end of          the time to be extended—for each month or          part of a month for which the extension is          granted   (b)    if the application is lodged after the time to          be extended	$50     $80, plus the amount payable under paragraph (a)
14	For taxing costs	$45

  

4.   Schedule 4A

4.1   After “Bahamas”, insert “Bangladesh”.

  

5.   Transitional

5.1   Where the Registrar:

• (a)

  accepted an application for registration of a trade mark before 1 May 1991; and

• (b)

  registered the trade mark on or after 1 May 1991;

the fee for the registration is the fee payable under the Trade Marks Regulations as in force immediately before 1 May 1991.

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NOTES

 

1. Notified in the Commonwealth of Australia Gazette on 17 April 1991.

 

2. Statutory Rules 1958 No.48 as amended by 1961 No. 36; 1973 No. 289; 1975 No. 202; 1977 No. 179; 1979 Nos. 11 and 109; 1980 No. 319; 1982 Nos. 79 and 234; 1983 No. 312; 1984 No. 255; 1986 Nos. 261 and 262; 1987 No. 13; 1988 No. 102; 1989 Nos. 94 and 312; 1990 Nos. 30 and 241.