Trade Marks Regulations (Amendment) (Cth)

Statutory Rules 1988 No. 1021

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 Patents Act 1952.

Dated 25 May1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

BARRY O. JONES

Minister of State for Science, Customs

and Small Business

_________

Commencement

 1. These Regulations commence on 1 July 1988.

Fees

 2. Regulation 4 of the Trade Marks Regulations is amended:

• (a)

  by omitting from subregulation (1) “the Second Schedule” and substituting “Schedule 2”; and

• (b)

  by omitting from subregulation (3) “the Second Schedule” and substituting “Schedule 2”.

Schedule 2

 3. The Second Schedule to the Trade Marks Regulations is repealed and the following Schedule substituted:

SCHEDULE 2Regulation 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 comprised in a prescribed class of goods or services ……………………………………………			125
(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 comprised in another prescribed class of goods or services ………...			75
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 comprised …………………...	200
3		On lodging an application to the Registrar 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 the cancellation of the entry of a trade mark or for change of address ………………………………………………………………….	40
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) ……………………………………………………………………	75
5		On an application under subregulation 47 (1) to lodge further evidence in opposition proceedings …………………………………………………….	35
6		On appearing at a hearing or on lodging a request under regulation 76 …...	70
7		On lodging an application for restoration under section 71 of the Act ……	150
8		On lodging an application under section 69 of the Act for renewal of the registration of a trade mark—in respect of each registration ………………	400
9		For entry in the Register of association of a trade mark under subsection 36 (1) of the Act ……………………………………………………………	10
10		For a certified copy of a certificate of registration ………………………...	65
11		For a certificate of the Registrar under section 17 of the Act ……………...	65
12		For photographic copies of, or extracts from, the Register or other documents under section 17 of the Act—per document …………………	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 …………………………………………………………..	40
(b) if lodged after the expiration of the time to be extended, the amount payable under paragraph (a) plus an amount of …………………….	60
14		For taxing cost ……………………………………………………………..	35

Transitional

 4. Where:

• (a)

  he 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 1 June 1988.

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.