Trade Marks Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 941

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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 9 May 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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Commencement

1. These Regulations commence on 1 July 1989.

Schedule 2

2. Schedule 2 to the Trade Marks Regulations is repealed and the following Schedule substituted:

SCHEDULE 2 Regulation 4

FEES

Column 1	Column 2	Column 3
Item No.	Matter	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	135
	(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	80

SCHEDULE 2—continued

Column 1	Column 2	Column 3
Item No.	Matter	Fee
$
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	225
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, not being an application for cancellation of the entry of a trade mark, change of an address or an application referred to in paragraph (b)	45
	(b) simultaneously, 2 or more applications under section 19, 21, 74, 75 or 87 of the Act, other than an application for cancellation of the entry of a trade mark or change of an address, being applications to the same effect in respect of all trade marks to which the applications relate: (i) for 1 of those applications	45
	(ii) for each other of those applications	25
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)	80
5	On application under paragraph 47 (l) (b) to lodge further evidence in opposition proceedings	40
6	On appearing at a hearing under regulation 50 or 72	75
7	On lodging a request under regulation 76	75
8	On lodging an application for restoration under subsection 71 (1) of the Act	165
9	On lodging an application under section 69 of the Act for renewal of the registration of a trade mark	435
10	For supply of a certified copy of a certificate of registration: (a) in the case of the first certified copy supplied	70
(b) in the case of each additional certified copy that is the same, and supplied at the same time, as the first certified copy	50
11	For supply of a certificate of the Registrar under section 17 of the Act: (a) in the case of the first certificate supplied	70
	(b) in the case of each additional certificate that is the same, and supplied at the same time, as the first certificate	50
12	For a photographic copy of, or extract from, the Register or another document under subsection 17 (2) of the Act	10
13	On lodging an application for an extension of a time specified in the Act or these Regulations within which an act or thing is to be done: (a) for each month or part of a month for which the extension of time is applied for	45
(b) if lodged after the expiration of the time to be extended, the amount payable under paragraph (a) plus an amount of	65
14	For taxing costs	40

Transitional

3. Where:

(a) the Registrar has accepted an application for the registration of a trade mark under section 44 of the Act before the commencement of these Regulations; and

(b) the trade mark is registered after that commencement;

the fee for the registration is the fee payable under the Trade Marks Regulations as in force immediately before that commencement.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 May 1989.

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.