Trade Marks Regulations (Amendment) (Cth)

Statutory Rules 1993

No. 117 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, make the following Regulations under the Trade Marks Act 1955.

 Dated 27 May 1993.

 

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

 

R

 McMULLAN

Minister for the Arts and Administrative Services

for the

Minister for Science and Small Business

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1.   Commencement

1.1   These Regulations commence on 1 July 1993.

2.    Amendment

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

 

3.    Regulation 4 (Fees)

3.1   Subregulation 4 (3):

Omit “Item 3”, substitute “Item 4”.

4.   Schedule 2 (Fees)

4.1   Omit the Schedule, substitute:

SCHEDULE 2 Regulation 4

FEES

Column 1 Item No.	Column 2 Matter	Column 3 Fee
1	On lodging:
(a) 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	$150
(b) on the day an application referred to in paragraph (a) is made—an application to register the trade mark referred to in paragraph (a), or the series of trade marks referred to in paragraph (a), in respect of goods or services in another prescribed class of goods or services	$100
2	If an application referred to in item 1 is in relation to a series of trade marks—for each mark in the series which is additional to the first	$50

SCHEDULE 2—continued

 

Column 1 Item No.	Column 2 Matter	Column 3 Fee
3	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	$260
4	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:	$60
(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)	$60, plus $30 for each application additional to the first
5	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)	$100
6	On application under paragraph 47 (1) (b) to lodge further evidence in opposition proceedings	$75

SCHEDULE 2—continued

 

Column 1 Item No.	Column 2 Matter	Column 3 Fee
7	On appearing at a hearing under regulation 50 or 72	$100 less any amount already paid under item 8 in relation to the matter
8	On lodging: (a) an application for a hearing under regulation 49; or (b) a request under regulation 76 or section 128 of the Act	$100 less any amount already paid under item 7 in relation to the matter
9	On lodging an application for restoration under subsection 71 (1) of the Act	$185
10	On lodging an application under section 69 of the Act for renewal of the registration of a trade mark	$500
11	For supply of a certificate under subsection 17 (2) or (3) of the Act:
(a) for the first certificate	$75
(b) for each additional certificate that is the same, and supplied at the same time, as the first certificate	$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

  

SCHEDULE 2—continued

 

Column 1 Item No.	Column 2 Matter	Column 3 Fee
13	On lodging an application under the Act or Regulations for an extension of time:
(a) for each month or part of a month for which the extension is granted; and (b) if the application is lodged after the end of the time to be extended	$55   $85
14	For taxing costs under subregulation 71A (3)	$50

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5. Schedule 6

(Costs, expenses and allowances)

5.1   Omit the Schedule, substitute:

 SCHEDULE 6Regulation 71a

 

COSTS, EXPENSES AND ALLOWANCES

PART 1—COSTS

 

Column 1 Item	Column 2 Matter	Column 3 Amount
1	Notice of opposition	$170
2	Evidence in support	$460
3	Receiving and perusing notice of opposition	$85
4	Receiving and perusing evidence in support	$200
5	Evidence in answer	$460
6	Receiving and perusing evidence in answer	$135

SCHEDULE 6—continued

 

Column 1 Item	Column 2 Matter	Column 3 Amount
7	Evidence in reply	$230
8	Receiving and perusing evidence in reply	$85
9	Preparation of case for hearing	$345
10	Attendance at hearing by patent attorney, trade marks agent or solicitor without counsel	$170 per hour or $765 per day
11	Attendance at hearing by patent attorney, trade marks agent or solicitor instructing counsel	$135 per hour or $610 per day
12	Counsel fees	$230 per hour or $1035 per day

 

PART 2—EXPENSES AND ALLOWANCES

Division 1—Expenses

 1. A person who has paid a fee prescribed in these Regulations in relation to proceedings before the Registrar may be paid the amount of the fee.

 2. A person attending proceedings before the Registrar must be paid:

• (a)

  a reasonable amount for allowances for transport between the usual place of residence of the person and the place that he or she attends for that purpose; and

• (b)

  if the person is required to be absent overnight from his or her usual place of residence—a reasonable amount for allowances up to a daily maximum of $390 for meals and accommodation.

Division 2—Allowances

 3. A person who, because of his or her professional, scientific or other special skill or knowledge, is summoned to appear as a witness before the Registrar must be paid:

• (a)

  if the person is remunerated in his or her occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; or

• (b)

  in any other case—an amount of not less than $95, or more than $475, for each day on which he or she so attends.

4. A person summoned to appear as a witness, other than a witness referred to in clause 3, before the Registrar must be paid:

• (a)

  if the person is remunerated in his or her occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; or

• (b)

  in any other case—an amount of not less than $54, or more than $89, for each day on which he or she so attends.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 3 June 1993.

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; 1991 Nos. 64 and 454; 1992 No. 150.