Trade Marks Regulations (Amendment) (Cth)

Statutory Rules

1980 No. 319

REGULATIONS UNDER THE TRADE MARKS ACT 19551

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 this twenty-ninth day of October 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

KEVIN NEWMAN

Minister of State for Productivity

AMENDMENTS OF THE TRADE MARKS REGULATIONS2

Commencement

 1.These Regulations shall come into operation on 1 November 1980.

Fees

 2.Regulation 4 of the Trade Marks Regulations is amended by omitting from sub-regulation (3) “5” and substituting “3”.

Second Schedule

 3.The Second Schedule to the Trade Marks Regulations is repealed and the following Schedule substituted:

SECOND SCHEDULE Regulation 4

FEES

Column 1	Column 2	Column 3
Item	Matter	Fee
$
1	On lodging an application to register a trade mark or a series of trade marks.......	45.00
2	For registration of a trade mark or a series of trade marks...................................	80.00
3	On lodging an application to the Registrar under section 19, 20, 21, 23, 74, 75, 87 or 127 or sub-section 36 (2) of the Act, not being an application for the cancellation of the entry of a trade mark or for change of address.................	15.00
4	On lodging notice of opposition........................................................................	40.00
5	On an application to lodge further evidence in opposition proceedings................	25.00
6	On appearing at a hearing or on lodging a request under regulation 76................	50.00
7	On lodging an application for restoration under section 71 of the Act..................	120.00
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..........................	200.00
9	For entry in the Register of association of a trade mark under sub-section 36 (1) of the Act..................................................................................................	5.00
10	For a certified copy of a certificate of registration..............................................	20.00
11	For a certificate of the Registrar under section 17 of the Act...............................	20.00
12	For photographic copies of, or extracts from, the Register or other documents under section 17 of the Act—per document.......................................................	3.00
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— (i) for each month or part of a month for which the extension of time is applied for............................................................................. (ii) if lodged after the expiration of the time to be extended, the amount payable under paragraph (i) plus an amount of.................	20.00 40.00
14	For taxing costs	20.00

Saving

 4. Notwithstanding the amendment of the Trade Marks Regulations made by regulation 2, where an application to register a trade mark has been accepted before the date of commencement of these Regulations, the fee payable in respect of the registration of the trade mark is the fee that, but for these Regulations, would have been payable in respect of the registration of that trade mark immediately before that date.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 October 1980.

2. Statutory Rules 1958 No. 48 as amended by Statutory Rules 1961 No. 36; 1973 No. 289; 1975 No. 202; 1977 No. 179; 1979 Nos. 11 and 109.