Trade Marks Regulations (Amendment) (Cth)

Statutory Rules 1983 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 8 December 1983.

N. M. STEPHEN

Governor-General

By His Excellency's Command,

BARRY JONES

Minister of State for Science and Technology

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Commencement

1. Regulations 3, 5 and 7 shall come into operation on 1 January 1984.

Principal Regulations

2. In these Regulations, "Principal Regulations" means the Trade Marks Regulations.

Classification of goods and services

3. Regulation 6 of the Principal Regulations is amended—

(a) by inserting "Part I of" before "the Fourth Schedule"; and

(b) by inserting "Part II of" before "that Schedule".

Prohibited Marks

4. Regulation 13 of the Principal Regulations is amended by omitting from sub-regulation (2) all words after "mark" (last occurring).

Fourth Schedule

5. The Fourth Schedule to the Principal Regulations is repealed and the Schedule set out in the Schedule to these Regulations is substituted.

Fifth Schedule

6. The Fifth Schedule to the Principal Regulations is amended by inserting in Part II—

"MEDICARE"

after—

"ANZAC".

Transitional

7. Notwithstanding the amendments effected by regulations 3 and 5 of these Regulations, regulation 6 of, and the Fourth Schedule to, the Principal Regulations as in force immediately before the commencement of this regulation apply in relation to the registration of a trade mark where, in accordance with sub-section 53 (2) or 109 (1) of the Trade Marks Act 1955, that trade mark is to be registered as of a date earlier than the date of commencement of this regulation.

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SCHEDULE Regulation 5

SCHEDULE TO BE SUBSTITUTED IN PRINCIPAL REGULATIONS

 

FOURTH SCHEDULE Regulations 6, 32

and 34

CLASSIFICATION OF GOODS AND SERVICES

PART I

Classes of Goods

1. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry

2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colourants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists

3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices

4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks

5. Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides

6. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores

7. Machines and machine tools; motors (except for land vehicles); machine coupling and belting (except for land vehicles); agricultural implements; incubators for eggs

8. Hand tools and implements (hand operated); cutlery, forks and spoons; side arms; razors

9. Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines and data processing equipment; fire-extinguishing apparatus

SCHEDULE—continued

10. Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials

11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes

12. Vehicles; apparatus for locomotion by land, air or water

13. Firearms, ammunition and projectiles; explosives; fireworks

14. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments

15. Musical instruments

16. Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks

17. Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal

18. Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery

19. Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal

20. Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics

21. Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthen ware not included in other classes

22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials

23. Yarns and threads, for textile use

24. Textiles and textile goods, not included in other classes; bed and table covers

25. Clothing, footwear, headgear

26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers

27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)

28. Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees

29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; eggs, milk and milk products; edible oils and fats; salad dressings; preserves

30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (except salad dressings); spices; ice

31. Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

32. Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

33. Alcoholic beverages (except beers)

34. Tobacco; smokers' articles; matches

SCHEDULE—continued

PART II

Classes of Services

35. Advertising and business

36. Insurance and financial

37. Construction and repair

38. Communication

39. Transportation and storage

40. Material treatment

41. Education and entertainment

42. Miscellaneous services, being services other than those included in a class referred to in another item of this Part.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 16 December 1983.

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.