Trade Marks Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 3121

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Trade Marks Regulations2 (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 13 November 1989.

BILL HAYDEN

Governor-General

By His Excellency's Command,

BARRY O. JONES

Minister of State for Science,

Customs and Small Business

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Revocation of Proclamations

1.(1) In this regulation, "the Act" means the Trade Marks Act 1955.

(2) For the purposes of section 108 of the Act, the following Proclamations are revoked, namely:

(a) the Proclamation of 21 June 1985 made under subsection 108 (1) of the Act and published in the Gazette dated 27 August 1985; and

(b) each of the Proclamations of 5 March 1974 made under subsection 108 (3) of the Act and published in the Gazette dated 26 March 1974.

2. After regulation 11 of the Trade Marks Regulations the following regulation is inserted:

Convention countries

"11A. (1) Each of the countries specified in Schedule 4A is declared, under subsection 108 (1) of the Act, to be a Convention country for the purposes of the Act.

"(2) For the purposes of paragraph 108 (3) (a) of the Act, an application for the registration of a trade mark, being an application that is made under the treaty done at Bangui in the Central African Republic on 2 March 1977 entitled the Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (a treaty subsisting between 2 or more Convention countries), is, in accordance with the terms of that treaty, declared to be equivalent to an application made in each of those Convention countries.

"(3) For the purposes of paragraph 108 (3) (a) of the Act, an application for the registration of a trade mark, being an application that is made under the Benelux Convention Concerning Trademarks done at Brussels on 19 March 1962 (being a treaty subsisting between 2 or more Convention countries), is, in accordance with the terms of that treaty, declared to be equivalent to an application made in each Convention country that is a High Contracting party within the meaning of that treaty.".

Schedules

3. After Schedule 4 to the Trade Marks Regulations the following Schedule is inserted:

SCHEDULE 4A Subregulation 11A (1)

CONVENTION COUNTRIES FOR THE

PURPOSES OF THE ACT

Algeria

Argentina

Austria

Bahamas

Barbados

Belgium

Benin

Brazil

Bulgaria

Burkina Faso

Burundi

Cameroon

Canada

Central African Republic

Chad

China

Congo

Cote d'Ivoire

Cuba

Cyprus

Czechoslovakia

Democratic People's Republic of Korea

SCHEDULE 4A—continued

Denmark (including Faroe Islands)

Dominican Republic

Egypt

Finland

France (including all Overseas Departments and Territories)

Gabon

German Democratic Republic

Germany, Federal Republic of

Ghana

Greece

Guinea

Guinea-Bissau

Haiti

Holy See

Hungary

Iceland

Indonesia

Iran (Islamic Republic of)

Iraq

Ireland

Israel

Italy

Japan

Jordan

Kenya

Lebanon

Lesotho

Libyan Arab Jamahiriya

Liechtenstein

Luxembourg

Madagascar

Malawi

Malaysia

Mali

Malta

Mauritania

Mauritius

Mexico

Monaco

Mongolia

Morocco

Netherlands (including the Netherlands Antilles and Aruba)

New Zealand (excluding the Cook Islands, Niue and Tokelau)

Niger

Nigeria

Norway

Philippines

SCHEDULE 4A— continued

Poland

Portugal

Republic of Korea

Romania

Rwanda

San Marino

Senegal

South Africa

Soviet Union

Spain

Sri Lanka

Sudan

Suriname

Sweden

Switzerland

Syrian Arab Republic

Togo

Trinidad and Tobago

Tunisia

Turkey

Uganda

United Kingdom (including Hong Kong and the Isle of Man)

United Republic of Tanzania

United States of America (including all territories and possessions, including the Commonwealth of Puerto Rico)

Uruguay

Viet Nam

Yugoslavia

Zaire

Zambia

Zimbabwe

NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 November 1989.

2. Statutory Rules 1958 No. 48 as amended to date. For previous amendments see Note 2 to Statutory Rules 1989 No. 94 and see also