Trade Marks Regulations (Amendment) (Cth)

Statutory Rules

1979 No. 11

REGULATIONS UNDER THE TRADE MARKS ACT 1955'

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-fourth day of January 1979.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

IAN MACPHEE

Minister of State for Productivity

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AMENDMENTS OF THE TRADE MARKS REGULATIONS2

Commencement

1. These Regulations shall come into operation on 1 February 1979.

Parts

2. Regulation 2 of the Trade Marks Regulations is repealed.

3. Part IV of the Trade Marks Regulations is repealed and the following Part substituted:

"PART IV—CLASSIFICATION OF GOODS AND SERVICES

Classification of goods and services

" 6. For the purposes of sub-section 31 (1) of the Act, each of the classes of goods specified in the Fourth Schedule is a prescribed class of goods and each of the classes of services specified in that Schedule is a prescribed class of services.''.

Statement as to use, or proposed use, of trade mark

4. Regulation 8 of the Trade Marks Regulations is amended by adding at the end there of the following sub-regulation:

"(2) An applicant for the registration of a trade mark in respect of a service or services included in a prescribed class of services shall furnish in support of his application a written statement indicating that the applicant uses or proposes to use presently the trade mark in relation to the service or services specified in the application and the geographical area in which he uses or proposes to use the trade mark in relation to the service or services.".

Repeal of Regulation 65

5. Regulation 65 of the Trade Marks Regulations is repealed.

First Schedule

6. The First Schedule to the Trade Marks Regulations is amended—

(a) by omitting from Form 1—

" being goods included in Class No. "

and substituting—

" being goods/services included in Class No.";

(b) by omitting from Form 2—

"Goods in respect of which registration is applied for:''

and substituting—

"Goods/Services in respect of which registration is applied for:'';

(c) by omitting from Form 4—

"goods included in Class No."

and substituting—

"goods/services included in Class No.";

(d) by omitting from Form 8—

"the following goods in respect of which''

and substituting—

"the following goods/services in respect of which";

(e) by omitting from Form 10—

"the following goods, namely , being goods in respect of which "

and substituting—

"the following goods/services , namely , being goods/services in respect of which ".

Fourth Schedule

7. The Fourth Schedule to the Trade Marks Regulations is amended—

(a) by omitting the heading and substituting the following heading:

"CLASSIFICATION OF GOODS AND SERVICES";

and

(b) by adding at the end there of the following heading and items:

"Description of Services

35 Advertising and business services

36 Insurance and financial services

37 Construction and repair services

38 Communication services

39 Transport and storage services

40 Material treatment services

41 Educational and entertainment services

42 Miscellaneous services, that is to say, services other than those described in classes numbered 35 to 41 inclusive

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 January 1979.

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