Trade Marks Regulations (Cth)
TRADE MARKS REGULATIONS
- In force under the Trade Marks Act 1955
- Updated as at 15 March 1995 (HISTREG CHAP 1043 #DATE 15:03:1995)
- In force under the Trade Marks Act 1955
- Updated as at 15 March 1995 (HISTREG CHAP 1043 #DATE 15:03:1995)
*1* The Trade Marks Regulations (in force under the Trade Marks Act 1955) as shown in this reprint comprise Statutory Rules 1958 No. 48 amended as indicated in the Tables below.
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1958 No. 48 10 July 1958 10 July 1958
1961 No. 36 10 Mar 1961 10 Mar 1961 -
1973 No. 289 19 Dec 1973 1 Feb 1974 -
1975 No. 202 4 Nov 1975 4 Nov 1975 -
1977 No. 179 14 Oct 1977 17 Oct 1977 -
1979 No. 11 31 Jan 1979 1 Feb 1979 -
109 29 June 1979 29 June 1979 R. 2
1980 No. 319 31 Oct 1980 1 Nov 1980 R. 4
1982 No. 79 8 Apr 1982 8 Apr 1982 R. 3
234 27 Sept 1982 1 Oct 1982 R. 3
1983 No. 312 16 Dec 1983 Rr. 3, 5 and 7: 1 Jan 1984
Remainder: 16 Dec 1983
R. 7
1984 No. 255 27 Sept 1984 1 Oct 1984 R. 3
1986 No. 261 26 Sept 1986 1 Oct 1986 R. 3
262 26 Sept 1986 26 Sept 1986 -
1987 No. 13 4 Feb 1987 4 Feb 1987 -
1988 No. 102 1 June 1988 1 July 1988 R. 4
1989 No. 94 15 May 1989 1 July 1989 R. 3
312 17 Nov 1989 17 Nov 1989 R. 1 (2)
1990 No. 30 13 Feb 1990 14 Feb 1990: (see r. 1)
-
241 17 July 1990 18 July 1990 -
1991 No. 64 17 Apr 1991 Rr. 3 and 5: 1 May 1991
Remainder: 17 Apr 1991
R. 5
454 19 Dec 1991 R. 8: 1 Jan 1992
Remainder: 19 Dec 1991
-
1992 No. 150 9 June 1992 Rr. 4-7 and 9: 1 July 1992
Remainder: 9 June 1992
R. 7
1993 No. 117 3 June 1993 1 July 1993 -
343 10 Dec 1993 10 Dec 1993 -
1994 No. 181 16 June 1994 29 June 1994 -
318 6 Sept 1994 1 Oct 1994 -
1995 No. 18 22 Feb 1995 23 Feb 1995 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 2 rep. 1979 No. 11
R. 3 am. 1990 No. 241; 1991 No. 454
R. 4 am. 1980 No. 319; 1988 No. 102; 1990 No. 30;
1993 No. 117; 1994 No. 318
R. 4A ad. 1992 No. 150
R. 5 am. 1990 No. 241; 1991 No. 454
Part IV (r. 6) rs. 1979 No. 11
R. 6 rs. 1979 No. 11
am. 1983 No. 312; 1990 No. 241
R. 7 am. 1991 No. 454
Rr. 7A, 7B ad. 1994 No. 318
R. 8 am. 1979 No. 11
R. 11A ad. 1989 No. 312
R. 13 am. 1983 No. 312; 1990 No. 241
R. 15A ad. 1990 No. 241
R. 26 am. 1991 No. 454
Heading to Part VI am. 1990 No. 241
R. 32 am. 1990 No. 241
R. 34 am. 1990 No. 241
R. 52 rep. 1992 No. 150
R. 64 rep. 1982 No. 79
R. 65 rep. 1979 No. 11
R. 68 am. 1961 No. 36
R. 71A ad. 1992 No. 150
R. 72A ad. 1994 No. 181
R. 74 am. 1990 No. 241
R. 77 am. 1990 No. 241
Heading to The Schedules
rep. 1990 No. 241
Heading to First Schedule
rep. 1990 No. 241
Heading to Schedule 1
ad. 1990 No. 241
First Schedule am. 1975 No. 202; 1979 No. 11
Forms 1, 2 1958 No. 48
am. 1975 No. 202; 1979 No. 11
Form 3 1958 No. 48
am. 1975 No. 202
Form 4 1958 No. 48
am. 1975 No. 202; 1979 No. 11
Forms 5-7 1958 No. 48
am. 1975 No. 202
Form 8 1958 No. 48
am. 1975 No. 202; 1979 No. 11
Form 9 1958 No. 48
am. 1975 No. 202
Form 10 1958 No. 48
1975 No. 202; 1979 No. 11
Forms 11-16 1958 No. 48
am. 1975 No. 202
Second Schedule rs. 1973 No. 289
am. 1975 No. 202
rs. 1977 No. 179; 1979 No. 109; 1980 No. 319;
1982 No. 234; 1984 No. 255; 1986 No. 261
rep. 1988 No. 102
Schedule 2 ad. 1988 No. 102
rs. 1989 No. 94; 1991 No. 64
am. 1991 No. 454
rs. 1992 No. 150; 1993 No. 117
am. 1993 No. 343; 1994 No. 318
Heading to Third Schedule
rep. 1990 No. 241
Heading to Schedule 3
ad. 1990 No. 241
Third Schedule am. 1975 No. 202; 1982 No. 79
Heading to Fourth Schedule
rep. 1990 No. 241
Heading to Schedule 4
ad. 1990 No. 241
Fourth Schedule am. 1979 No. 11
rs. 1983 No. 312
Schedule 4 am. 1990 No. 241; 1991 No. 454
Schedule 4A ad. 1989 No. 312
am. 1991 No. 64
rs. 1991 No. 454
am. 1992 No. 150
rs. 1993 No. 343
am. 1994 No. 181
rs. 1995 No. 18
Heading to Fifth Schedule
rep. 1990 No. 241
Heading to Schedule 5
ad. 1990 No. 241
Fifth Schedule am. 1961 No. 36; 1983 No. 312; 1986 No. 262;
1987 No. 13
Schedule 6 ad. 1992 No. 150
rs. 1993 No. 117
am. 1994 No. 318
Schedule 7 ad. 1994 No. 181
TRADE MARKS REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Regulation
PART I - PRELIMINARY
1. Short title
3. Interpretation
PART II - FEES
4. Fees
4A. Exemption from, and refund of, certain fees
PART III - PREPARATlON AND LODGMENT OF DOCUMENTS
5. Preparation of documents generally
PART IV - CLASSIFICATION OF GOODS AND SERVICES
6. Classification of goods and services
PART V - APPLICATION AND REGISTRATION PROVISIONS
7. Form of application for registration of a trade mark
7A. Request for expedited examination
7B. Expedited examination - powers of Registrar
8. Statement as to use, or proposed use, of trade mark
9. Further application under section 43
10. Applications under section 45
11. Foreign words to be translated
11A. Convention countries
12. Prescribed matters for the purposes of section 26 (5)
13. Prohibited Marks
14. Amendment of application
15. Advertisement of acceptance of applications
15A. Advertisement of the withdrawal of an application under
section 40A of the Act
16. Notice of opposition
17. Registration to be notified
18. Prescribed time and conditions for purposes of section
54 (5)
19. Correction of Register
20. Registration of assignment
21. Alteration of registered trade mark
22. Non-use of trade mark
23. Prescribed period for the purposes of section 69
24. Prescribed time for the purposes of section 70
25. Application for renewal
26. Application for registration as a registered user
27. Registration to be notified in the Official Journal
28. Variation etc. of registration of registered user
29. Notification in the Official Journal
30. Variation of rules governing the use of certification
trade marks
31. Application for consent of Registrar to assignment or
transmission of certification trade mark
PART VI - ADAPTATION OF THE CLASSIFICATION OF
GOODS IN SCHEDULE 4
32. Application of this Part
33. Circumstances in which amendments may be made
34. Proposals for amendment of the Register
35. Date of registration
36. Time for lodging opposition to amendment
37. Practice and procedure
38. Provision where opposition not lodged
39. Registered users
40. Renewal of registration not to be delayed
PART VII - PRACTICE AND PROCEDURE
Division 1 - Proceedings in Opposition Cases other
than Cases under Section 139 of the Act and
Regulation 22 of these Regulations
41. Interpretation
42. Application of Division
43. Opponent's evidence in support
44. Applicant's evidence in answer
45. Opponent's evidence in reply
46. Statement if declarations in reply not to be lodged
47. Further evidence to be by leave or special leave
48. Procedure where special leave granted
49. Request to fix time and place for hearing
50. Hearing
51. Notification of Registrar's decision
Division 2 - Proceedings in Opposition Cases under
Regulation 22 of these Regulations
53. Interpretation
54. Applicant's evidence in support
55. Opponent's evidence in answer
56. Applicant's evidence in reply
57. Statement if declarations in reply not to be lodged
58. Request to fix time and place for hearing
59. Application of general provisions of Division 1 of this
Part
Division 3 - Proceedings other than Opposition
Proceedings
60. Procedure
Division 4 - Evidence
61. Evidence
62. Copies of documents
63. Declarations and affidavits
PART VIII - MISCELLANEOUS
66. Prescribed examination
67. Rights of patent attorney
68. Office hours
69. Time within which applications for extensions of time are
to be lodged
70. Directions not otherwise prescribed
71. Where requirements cannot be complied with for reasonable
cause
71A. Costs
72. Exercise of discretionary power by Registrar
72A. Delegation by Registrar under paragraph 11 (1) (a) of the
Act
73. Certification of copies
74. Address for service
75. Notification of service
76. Reasons for decision
77. Compliance with forms
78. Destruction of documents
SCHEDULE 1
FORMS
SCHEDULE 2
FEES
SCHEDULE 3
REQUIREMENTS IN RELATION TO DOCUMENTS
SCHEDULE 4
CLASSIFICATION OF GOODS AND SERVICES
SCHEDULE 4A
CONVENTION COUNTRIES FOR THE PURPOSES OF THE ACT
SCHEDULE 5
PROHIBITED MARKS
SCHEDULE 6
COSTS, EXPENSES AND ALLOWANCES
SCHEDULE 7
PRESCRIBED PERSONS - PARAGRAPH 11 (1) (a) OF THE ACT
#ADD 27:3:1995
TRADE MARKS REGULATIONS - PART I
PART I - PRELIMINARY
TRADE MARKS REGULATIONS - REG 1
Short title
1. These Regulations may be cited as the Trade Marks Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
TRADE MARKS REGULATIONS - REG 3
Interpretation
3. (1) In these Regulations, unless the contrary intention appears:
"convention application" means an application for the registration of a trade mark under Part XIV of the Act;
"patent attorney" means a person registered as a patent attorney under section 198 of the Patents Act 1990;
"the Act" means the Trade Marks Act 1955;
"the repealed Schedule" means the First Schedule to the Trade Marks Regulations 1913 as in force under the repealed Acts immediately before the commencement of the Act.
(2) In these Regulations, unless the contrary intention appears:
(a) a reference to a form by number is a reference to the form so numbered in Schedule 1 to these Regulations; and
(b) a reference to a Schedule is a reference to a Schedule to these Regulations.
(3) Where:
(a) by a provision of these Regulations, a time is specified within which an act or thing is to be done; and
(b) the Registrar extends, in pursuance of section 130 of the Act, the time within which the act or thing may be done;
that provision shall be read as if the extended time were substituted for the time specified.
TRADE MARKS REGULATIONS - PART II
PART II - FEES
TRADE MARKS REGULATIONS - REG 4
Fees
4. (1) The fees specified in column 3 of Schedule 2 are, in respect of the respective matters in column 2 of that Schedule opposite to which they are so specified, the prescribed fees for the purposes of section 129 of the Act.
(2) Payment of fees shall be made at the Trade Marks Office by such means, and in such manner, as the Registrar directs.
(3) Item 3 in Schedule 2 does not apply to a correction necessitated solely by error or omission in the Trade Marks Office.
(4) Where:
(a) a person has been registered as the registered proprietor of a number of trade marks; and
(b) by reason of the operation of section 139 of the Act and Part VI of these Regulations, the number of trade marks in respect of which that person is registered is increased;
no fees are payable in respect of the increased number of trade marks until those trade marks are to be again renewed.
(5) For the purposes of subsection 129 (4) of the Act, the Registrar is to notify the person or his or her agent in writing within 7 days after the lodging of the document, or the doing of the act, for which the fee is payable.
TRADE MARKS REGULATIONS - REG 4A
Exemption from, and refund of, certain fees
4A. (1) The Registrar may:
(a) exempt a person from the payment of a fee; or
(b) remit any part of a fee; or
(c) refund the whole or any part of a fee paid in respect of the lodgement of a document;
if the Registrar is reasonably satisfied that the action is justified, having regard to all the circumstances.
(2) If:
(a) acceptance of an application for registration; or
(b) registration;
of a trade mark has been delayed because of an error or omission on the part of an officer of, or employee in, the Trade Marks Office, the period that is, in the reasonable opinion of the Registrar, equal to the period of the delay that resulted from the error or omission is not, for the purpose of ascertaining the amount of a fee, to be taken into account.
TRADE MARKS REGULATIONS - PART III
PART III - PREPARATlON AND LODGMENT OF DOCUMENTS
TRADE MARKS REGULATIONS - REG 5
Preparation of documents generally
5. (1) Documents to be lodged at the Trade Marks Office shall comply with the requirements specified in Schedule 3.
(2) If a document which is not in accordance with the requirements so specified is received at the Trade Marks Office, the Registrar may return the document to the person from whom it was received with a statement indicating the requirements which have not been complied with.
(3) Where a document received at the Trade Marks Office is not in accordance with these Regulations, the Registrar may:
(a) treat the document as not having been lodged at the Trade Marks Office; or
(b) treat the document as having been lodged, but require the applicants to make such alterations as are necessary.
(4) A document lodged at the Trade Marks Office shall be marked with the date on which it is received in the Trade Marks Office.
TRADE MARKS REGULATIONS - PART IV
PART IV - CLASSIFICATION OF GOODS AND SERVICES
TRADE MARKS REGULATIONS - REG 6
Classification of goods and services
6. For the purposes of subsection 31 (1) of the Act, each of the classes of goods specified in Part I of Schedule 4 is a prescribed class of goods and each of the classes of services specified in Part II of that Schedule is a prescribed class of services.
TRADE MARKS REGULATIONS - PART V
PART V - APPLICATION AND REGISTRATION PROVISIONS
TRADE MARKS REGULATIONS - REG 7
Form of application for registration of a trade mark
7. (1) Subject to subregulation (1A), an application for the registration of a trade mark must be in accordance with Form 1.
(1A) An application for registration of a trade mark in Part A of the Register may be made in accordance with a form provided by the Registrar for the purpose.
(1B) If a form is provided by the Registrar under subregulation (1A), an applicant must complete the form in accordance with any directions on the form.
(2) A representation of the trade mark shall be affixed as a Schedule within the form of application or, if the representation of the trade mark cannot conveniently be affixed within the form, the representation shall be mounted on linen or other suitable material and annexed to the form of application.
(3) The Registrar may, if he considers that a representation of a trade mark is mounted on a material which will not, in the course of time, preserve the features of the trade mark, require the applicant to furnish a further representation of the trade mark mounted on a material specified by the Registrar.
(4) Where a representation of a trade mark is annexed to an application, the annexure shall bear the name of the applicant.
(5) The applicant shall furnish with the application twelve additional copies of the representation of the trade mark which correspond exactly in all respects with the representation affixed or annexed to the application, seven of which copies shall be separately affixed or annexed to a form in accordance with Form 2.
(6) A person who lodges a convention application for the registration of a trade mark shall furnish in support of the application:
(a) a certificate by the registering authority in the Convention country certifying that an application for the registration of the trade mark was made in that country on a date specified in the certificate; or
(b) such other evidence as the Registrar requires that an application for the registration of the trade mark was so made.
(7) A person who lodges an application for the registration in Part D of the Register of a trade mark as a defensive trade mark shall furnish evidence in support of the application.
TRADE MARKS REGULATIONS - REG 7A
Request for expedited examination
7A. (1) A person who applies, or has applied, for the registration of a trade mark may request the Registrar to expedite the examination of the application under section 41 of the Act.
(2) A request must:
(a) be made in writing; and
(b) state the reasons for making the request.
(3) Where a request is duly made, the Registrar must decide whether to grant or refuse the request.
TRADE MARKS REGULATIONS - REG 7B
Expedited examination - powers of Registrar
7B. (1) The Registrar must, as far as practicable, consider applications for the registration of a trade mark in respect of which requests under regulation 7A have been granted:
(a) before he or she considers applications for registration in respect of which no requests for expedited examination have been granted; and
(b) in the order in which requests in respect of the applications were lodged.
(2) The Registrar may expedite examination of an application for registration in the absence of a request if expedited examination is warranted in all the circumstances.
(3) For the purposes of subregulation (2), the relationship of the application for registration to any other application for registration is a relevant circumstance.
TRADE MARKS REGULATIONS - REG 8
Statement as to use, or proposed use, of trade mark
8. (1) An applicant for the registration of a trade mark in respect of two or more different goods, or all the goods included in one of the prescribed classes of goods, 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 all the goods specified in the application or the goods included in the class of goods specified in the application.
(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.
TRADE MARKS REGULATIONS - REG 9
Further application under section 43
9. An applicant who makes a further application under section 43 of the Act shall endorse on the further application a statement that it is made under that section.
TRADE MARKS REGULATIONS - REG 10
Applications under section 45
10. (1) Where an applicant applies for the registration of a trade mark which he does not use or propose to use but applies for the registration of the trade mark in pursuance of section 45 of the Act, the applicant shall furnish with his application a statement setting out the grounds which the applicant claims should satisfy the Registrar that the trade mark should be registered in pursuance of that section.
(2) The prescribed period for the purposes of subsection (2) of section 45 of the Act is the period of six months after the date on which notification of the registration of the trade mark is advertised in the Official Journal.
TRADE MARKS REGULATIONS - REG 11
Foreign words to be translated
11. Where an application is made for the registration of a trade mark which contains words in a language other than the English language or words in characters other than Roman characters, the applicant shall furnish to the Registrar before acceptance a translation in the English language of those words and, where the words are in characters other than Roman characters, a transliteration in Roman characters of those characters.
TRADE MARKS REGULATIONS - REG 11A
Convention countries
11A. (1) Each of the countries specified in Schedule 4A is declared, under subsection 108 (1) of the Act, to be a Convention country for the purposes of the Act.
(2) For the purposes of paragraph 108 (3) (a) of the Act, an application for the registration of a trade mark, being an application that is made under the treaty done at Bangui in the Central African Republic on 2 March 1977 entitled the Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (a treaty subsisting between 2 or more Convention countries), is, in accordance with the terms of that treaty, declared to be equivalent to an application made in each of those Convention countries.
(3) For the purposes of paragraph 108 (3) (a) of the Act, an application for the registration of a trade mark, being an application that is made under the Benelux Convention Concerning Trademarks done at Brussels on 19 March 1962 (being a treaty subsisting between 2 or more Convention countries), is, in accordance with the terms of that treaty, declared to be equivalent to an application made in each Convention country that is a High Contracting party within the meaning of that treaty.
TRADE MARKS REGULATIONS - REG 12
Prescribed matters for the purposes of section 26 (5)
12. (1) The prescribed period for the purposes of subsection (5) of section 26 of the Act is the period of twelve months commencing on the date on which the notification of the registration of the trade mark is notified in the Official Journal.
(2) Where the registration of a trade mark ceases to have effect by virtue of the operation of subsection (5) of section 26 of the Act, the Registrar shall enter in the Register a memorandum to that effect.
TRADE MARKS REGULATIONS - REG 13
Prohibited Marks
13. (1) Each of the marks specified in Part I and in Part II of Schedule 5 is, for the purposes of section 29 of the Act, a prohibited mark.
(2) A mark specified in Part II of Schedule 5, not being a registered trade mark or a mark in use in good faith as a trade mark, shall not be used as a trade mark or part of a trade mark.
TRADE MARKS REGULATIONS - REG 14
Amendment of application
14. An amendment under section 42 of the Act shall be made by the applicant lodging at the Trade Marks Office a statement setting out the nature of the alterations to be made.
TRADE MARKS REGULATIONS - REG 15
Advertisement of acceptance of applications
15. For the purposes of advertising the acceptance of an application in the Official Journal, the Registrar may require the applicant to furnish to him such material as the Registrar requires.
TRADE MARKS REGULATIONS - REG 15A
Advertisement of the withdrawal of an application under section 40A of the
Act
15A. If an application for the registration of a trade mark is withdrawn under section 40A of the Act, the Registrar must, as soon as practicable, notify that fact in the Official Journal.
TRADE MARKS REGULATIONS - REG 16
Notice of opposition
16. A notice of opposition under the Act or these Regulations shall be in accordance with Form 3.
TRADE MARKS REGULATIONS - REG 17
Registration to be notified
17. The Registrar shall, as soon as practicable after the registration of a trade mark:
(a) publish in the Official Journal a notification of the registration; and
(b) forward to the registered proprietor a certificate of registration in accordance with Form 4.
TRADE MARKS REGULATIONS - REG 18
Prescribed time and conditions for purposes of section 54 (5)
18. (1) The prescribed time for the purposes of subsection (5) of section 54 of the Act is the period of twelve months after the expiration of the time allowed by or under that section for the registration of the trade mark.
(2) An extension of the time within which a trade mark may be registered shall not be allowed under subsection (5) of section 54 of the Act unless the Registrar is satisfied that the trade mark cannot, or could not, be registered within the time allowed by or under that section by reason of circumstances beyond the control of the applicant.
TRADE MARKS REGULATIONS - REG 19
Correction of Register
19. (1) An application under section 19 of the Act shall be in accordance with Form 5.
(2) Where:
(a) a request for an amendment under section 19 of the Act has been made; and
(b) the Registrar considers that notification of the proposed amendment should be published in the Official Journal;
the Registrar shall cause notice of the nature of the proposed amendment to be published in the Official Journal.
(3) Where a notification has been published in accordance with the last preceding subregulation, a person interested may, within three months after the advertisement, give to the Registrar notice of opposition to the request in accordance with Form 3.
(4) The person giving the notice of opposition shall, within fourteen days after the notice is given to the Registrar, serve a copy of the notice on the person who made the request for amendment.
TRADE MARKS REGULATIONS - REG 20
Registration of assignment
20. An application under section 20 of the Act shall be in accordance with Form 6.
TRADE MARKS REGULATIONS - REG 21
Alteration of registered trade mark
21. (1) An application under section 21 of the Act for leave to alter a trade mark shall be in accordance with Form 7.
(2) The applicant shall furnish with his application twelve copies of a representation of the mark as it will appear if the alterations are made.
(3) The Registrar may, for the purpose of advertising an application under section 21 of the Act, require the applicant to furnish to him such material as the Registrar considers necessary.
(4) The prescribed time for the purposes of subsection (3) of section 21 of the Act is three months after the date on which the application is published in the Official Journal.
(5) A notice of opposition under subsection (3) of section 21 of the Act shall be in accordance with Form 3.
TRADE MARKS REGULATIONS - REG 22
Non-use of trade mark
22. (1) An application to the Registrar under section 23 of the Act shall be in accordance with Form 8.
(2) The person making the application shall cause a copy of the application to be served on the registered proprietor of the trade mark, on each registered user of the trade mark and on such other persons (if any) as the Registrar directs.
(3) The Registrar shall cause a notification of the application to be published in the Official Journal.
(4) A person may, within three months after the date on which the notification is published in the Official Journal, give notice of opposition to the application in accordance with Form 3.
TRADE MARKS REGULATIONS - REG 23
Prescribed period for the purposes of section 69
23. The prescribed period for the purposes of section 69 of the Act is the period of six months which ends on the date of the expiration of the last registration of the trade mark.
TRADE MARKS REGULATIONS - REG 24
Prescribed time for the purposes of section 70
24. The prescribed time for the purposes of section 70 of the Act is six months before the expiration of the last registration of the trade mark.
TRADE MARKS REGULATIONS - REG 25
Application for renewal
25. (1) An application for the renewal of the registration of a trade mark shall be in accordance with Form 9.
(2) Where the Registrar has, in a notice under section 70 of the Act, specified conditions upon which the renewal of the registration of the trade mark may be obtained, the registered proprietor shall furnish with his application for renewal evidence of compliance with those conditions.
TRADE MARKS REGULATIONS - REG 26
Application for registration as a registered user
26. An application for registration as a registered user may be in accordance with:
(a) Form 10; or
(b) a form provided by the Registrar for the purpose.
TRADE MARKS REGULATIONS - REG 27
Registration to be notified in the Official Journal
27. Where the Registrar registers a person as a registered user of a trade mark, the Registrar shall, as soon as practicable after the registration cause a notification of the registration to be advertised in the Official Journal.
TRADE MARKS REGULATIONS - REG 28
Variation etc. of registration of registered user
28. (1) An application under paragraph (a) or (b) of section 75 of the Act shall be in accordance with Form 11.
(2) An application under paragraph (c) or (d) of section 75 of the Act shall be in accordance with Form 12.
(3) A person who makes an application under paragraph (c) or paragraph (d) of section 75 of the Act shall cause a copy of the application to be served, within such time as the Registrar directs, on such other persons, who may be affected by the application, as the Registrar directs.
(4) The Registrar shall cause a notification of the making of the application to be notified in the Official Journal.
(5) A person may, within three months after the service of the copy, give notice of opposition in accordance with Form 3.
TRADE MARKS REGULATIONS - REG 29
Notification in the Official Journal
29. Where the registration of a registered user of a trade mark is varied, extended or cancelled under section 75 of the Act or is cancelled under section 76 of the Act, the Registrar shall cause a notification of the variation, extension or cancellation to be published in the Official Journal.
TRADE MARKS REGULATIONS - REG 30
Variation of rules governing the use of certification trade marks
30. (1) The Registrar shall, as soon as practicable after an application under subsection (1) of section 87 of the Act has been lodged at the Trade Marks Office, cause a notification of the fact that the application has been made to be published in the Official Journal and shall include in the notification a statement that the application is available for inspection at the Trade Marks Office.
(2) A person may, within three months after the date of the publication of the notification, give notice of opposition to the application in accordance with Form 3.
TRADE MARKS REGULATIONS - REG 31
Application for consent of Registrar to assignment or transmission
of certification trade mark
31. An application for the consent of the Registrar under section 89 of the Act shall be made in accordance with Form 13 by the registered proprietor of the trade mark and the proposed assignee.
TRADE MARKS REGULATIONS - PART VI
PART VI - ADAPTATION OF THE CLASSIFICATION OF
GOODS IN SCHEDULE 4
TRADE MARKS REGULATIONS - REG 32
Application of this Part
32. For the purpose of adapting the designation in the Register of the goods or classes of goods in respect of which trade marks have been registered under the repealed Acts to the classification of goods contained in Schedule 4, the Register shall, subject to subsections (2) and (3) of section 139 of the Act, be amended in accordance with this Part.
TRADE MARKS REGULATIONS - REG 33
Circumstances in which amendments may be made
33. An amendment of the Register shall only be made in accordance with this Part after the registered proprietor of a trade mark has applied, after the commencement of these Regulations, under Part VIII of the Act, for the renewal of the registration of a trade mark.
TRADE MARKS REGULATIONS - REG 34
Proposals for amendment of the Register
34. (1) The Registrar may prepare a proposal for the amendment of the Register for the purpose referred to in regulation 32 of these Regulations.
(2) A proposal for the amendment of the Register shall be made in accordance with the following provisions:
(a) where the goods in respect of which the trade mark is registered are goods comprised in a class of goods specified in the repealed Schedule and those goods are comprised in the one class of goods specified in Schedule 4, the Registrar shall propose an amendment of the Register by varying the number of the classification of the goods from the number of the classification in the repealed Schedule to the number of the classification in Schedule 4;
(b) where the goods in respect of which the trade mark is registered are goods comprised in one class of goods specified in the repealed Schedule and those goods are comprised in two or more classes of goods specified in Schedule 4, the Registrar shall propose amendments of the Register:
(i) by expunging the entry in the Register of the particulars
of the trade mark and by making an entry in the Register registering a separate trade mark in respect of the goods comprised in each of the several classes specified in Schedule 4; or
(ii) by varying the entry in the Register of the particulars of
the trade mark so that the entry refers to goods comprised in one of the classes of goods specified in Schedule 4 and by making an entry in the Register registering a separate trade mark in respect of the goods comprised in the other class or classes specified in Schedule 4;
(c) where the registered proprietor of the trade mark the registration of which is to be renewed is also the registered proprietor of the same trade mark in respect of goods which are comprised in the same class of goods specified in Schedule 4 as the goods or some of the goods in respect of which the trade mark which is to be renewed is registered, the Registrar shall propose amendments of the Register:
(i) by expunging the entries in the Register of the particulars
of those trade marks;
(ii) by making an entry in the Register registering one trade
mark in respect of all the goods which are comprised in that class;
(iii) if any of those trade marks were registered in respect of
goods other than the goods included in that class - by making an entry in the Register registering a trade mark in respect of those other goods in the class, specified in Schedule 4, in which those other goods are included; and
(iv) if the registered proprietor is also the registered
proprietor of the same trade mark in respect of goods, additional to the other goods referred to in the last preceding subparagraph, which are comprised in the same class as those other goods - by expunging the entry in the Register of the particulars of that trade mark and by including in the entry made in pursuance of the last preceding subparagraph a reference to those additional goods in respect of which the trade mark referred to in that subparagraph is registered.
TRADE MARKS REGULATIONS - REG 35
Date of registration
35. The Registrar shall, in preparing a proposal for the purpose of the last preceding regulation, specify such a date as the date from which the proposed registration of a trade mark is to have effect or shall be deemed to have had effect as he considers appropriate having regard to the provisions of subsections (2) and (3) of section 139 of the Act.
TRADE MARKS REGULATIONS - REG 36
Time for lodging opposition to amendment
36. An opposition under paragraph (c) of subsection (4) of section 139 of the Act, shall be made by lodging a notice of opposition in accordance with Form 3 at the Trade Marks Office within the period of three months after the proposal is notified in the Official Journal.
TRADE MARKS REGULATIONS - REG 37
Practice and procedure
37. (1) Where an opposition to a proposal for an amendment of the Register under this Part is lodged at the Trade Marks Office, the practice and procedure to be followed for the purpose of deciding the opposition shall be the practice and procedure which the Registrar directs to be followed in each particular case.
(2) The Registrar shall hear and determine the opposition in accordance with that practice and procedure and shall amend the Register accordingly.
TRADE MARKS REGULATIONS - REG 38
Provision where opposition not lodged
38. Where an opposition to a proposal for an amendment of the Register under this Part is not lodged at the Trade Marks Office within the period referred to in regulation 36 of these Regulations, the Registrar shall amend the Register in the manner proposed.
TRADE MARKS REGULATIONS - REG 39
Registered users
39. Where:
(a) the Registrar prepares a proposal for the amendment of the Register under this Part in relation to the entry of a trade mark; and
(b) a person is registered as a registered user of that trade mark for all or any of the goods in respect of which the trade mark is registered;
the Registrar shall include in the proposal the making of such an entry in the Register as will ensure that the person is registered as a registered user in respect of the same goods.
TRADE MARKS REGULATIONS - REG 40
Renewal of registration not to be delayed
40. Nothing in this Part operates so as to delay the renewal of the registration of a trade mark.
TRADE MARKS REGULATIONS - PART VII
PART VII - PRACTICE AND PROCEDURE
TRADE MARKS REGULATIONS - DIVISION 1
Division 1 - Proceedings in Opposition Cases other than
Cases under Section 139 of the Act and Regulation 22 of
these Regulations
TRADE MARKS REGULATIONS - REG 41
Interpretation
41. (1) In this Division:
"applicant" means a person who has made the request or application in respect of which a person has given a notice of opposition;
"notice of opposition" means a notice of opposition in relation to which this Division applies;
"opponent" means a person who has lodged a notice of opposition.
(2) In this Division, a requirement that a person is to lodge declarations, or to serve copies of declarations, on which he relies in support of, or in answer to, an opposition shall, in a case in which it is not practicable to include in, or annex to, a declaration any material on which the person relies, be construed as including a requirement that the person is to lodge that material or serve copies of that material, as the context requires.
TRADE MARKS REGULATIONS - REG 42
Application of Division
42. This Division applies where a notice of opposition has been given under the Act or under these Regulations, not being a notice of opposition under subsection (4) of section 139 of the Act or under regulation 22 of these Regulations.
TRADE MARKS REGULATIONS - REG 43
Opponent's evidence in support
43. An opponent shall:
(a) serve on the applicant, within three months after the notice of opposition has been lodged at the Trade Marks Office, a copy of each of the declarations on which he relies in support of his opposition; and
(b) as soon as practicable after the copies of the declarations have been so served, lodge the declarations at the Trade Marks Office with a written statement indicating the place at which, and the date on which, the copies of the declarations were so served.
TRADE MARKS REGULATIONS - REG 44
Applicant's evidence in answer
44. An applicant shall:
(a) serve on the opponent, within three months after the date on which the declarations of the opponent were served, a copy of each of the declarations on which he relies in answer to the opposition; and
(b) as soon as practicable after the copies of the declarations are so served, lodge the declarations at the Trade Marks Office with a written statement indicating:
(i) the place at which, and the date on which, the copies of
the declarations of the opponent were served on him; and
(ii) the place at which, and the date on which, the copies of
his declarations were served on the opponent.
TRADE MARKS REGULATIONS - REG 45
Opponent's evidence in reply
45. An opponent:
(a) may serve on the applicant, within three months after the date on which the copies of the declarations of the applicant were served on him, a copy of each of the declarations on which he relies in reply to the declarations of the applicant; and
(b) shall, as soon as practicable after the copies of the declarations are so served, lodge the declarations at the Trade Marks Office with a written statement indicating the place at which, and the date on which, the copies of the declarations were so served.
TRADE MARKS REGULATIONS - REG 46
Statement if declarations in reply not to be lodged
46. Where an opponent does not intend to reply to the applicant's declarations within the time specified in the last preceding regulation, the opponent shall lodge at the Trade Marks Office a written notice to that effect and, if a notice is so lodged, serve a copy on the applicant.
TRADE MARKS REGULATIONS - REG 47
Further evidence to be by leave or special leave
47. (1) An opponent or applicant may not adduce further evidence except:
(a) by leave of the Registrar, if the parties agree in writing to further evidence being adduced; or
(b) by special leave of the Registrar granted on an application made for that purpose.
(2) An application for special leave under paragraph (b) of the last preceding subregulation shall, unless it is made at the hearing, be in accordance with Form 14.
(3) The person making the application shall lodge with the application a declaration setting out the grounds on which the application is made and the nature of the further evidence which it is desired to lodge.
(4) The person making the application shall:
(a) within fourteen days after the making of the application, serve a copy of the application and a copy of the declaration on the other party to the proceedings; and
(b) if the copies are served after the making of the application, lodge at the Trade Marks Office a written statement indicating the place at which, and the day on which, the copies of the application and the declaration were served on the other party.
(5) The other party shall, if he intends to oppose the application, give to the Registrar and to the person making the application notice of his intention to do so within fourteen days after the date on which the copies of the application and the declaration were served on him.
(6) Where special leave to adduce further evidence is granted, the other party shall be entitled to reply to the further evidence.
(7) The Registrar shall notify the parties of his decision on the application for special leave.
TRADE MARKS REGULATIONS - REG 48
Procedure where special leave granted
48. (1) Where the Registrar grants special leave to a party to adduce further evidence, that party shall:
(a) serve on the other party, within one month after the date on which he receives notification that special leave has been granted, a copy of the further evidence; and
(b) as soon as practicable after the copy of the further evidence is so served, lodge the further evidence at the Trade Marks Office with a written statement indicating the place at which, and the date on which, the copy was so served.
(2) If the other party desires to adduce evidence in reply to the further evidence, that party shall:
(a) serve, within one month after the date on which the copy of the further evidence referred to in paragraph (a) of the last preceding subregulation was served on him, a copy of the evidence on which he proposes to rely in reply to the further evidence on the party who obtained special leave to adduce further evidence; and
(b) as soon as practicable after the copy of the declaration is so served, lodge the evidence in reply at the Trade Marks Office with a written statement indicating the place at which, and the date on which, a copy of the evidence in reply was so served.
TRADE MARKS REGULATIONS - REG 49
Request to fix time and place for hearing
49. (1) Where:
(a) an applicant has not, within the time specified in paragraph (a) of regulation 44 of these Regulations, served copies of the declarations referred to in that paragraph on the opponent;
(b) an opponent has served on the applicant copies of the declarations referred to in paragraph (b) of regulation 45 of these Regulations; or
(c) an opponent has lodged the written notice referred to in regulation 46 of these Regulations;
the opponent may lodge at the Trade Marks Office an application in accordance with Form 15 for the time and place for the hearing of the opposition of which he has given notice to be fixed.
(2) Where:
(a) an opponent has not, within the time referred to in paragraph (a) of regulation 43 of these Regulations, served on the applicant copies of the declarations referred to in that paragraph;
(b) an opponent has not, within the time referred to in paragraph (a) of regulation 45 of these Regulations, served on the applicant copies of the declarations referred to in that paragraph; or
(c) an opponent has not, within one month after service of:
(i) the copies of the declarations referred to in paragraph (b)
of regulation 45; or
(ii) the copy of the written notice referred to in regulation
46;
lodged an application under the last preceding subregulation;
the applicant may lodge at the Trade Marks Office an application in accordance with Form 15 for the time and place for the hearing of the opposition of which notice has been given to be fixed.
(3) Upon receipt of an application under either of the last two preceding subregulations, the Registrar shall fix a time and place for the hearing of the opposition and shall notify the applicant and opponent accordingly.
TRADE MARKS REGULATIONS - REG 50
Hearing
50. (1) The Registrar shall hear the applicant and the opponent, if they desire to be heard, at the time and place so fixed.
(2) The Registrar may, if he thinks fit, adjourn the hearing from time to time and from place to place.
TRADE MARKS REGULATIONS - REG 51
Notification of Registrar's decision
51. The Registrar shall forward a copy of his decision to each of the parties to the opposition.
TRADE MARKS REGULATIONS - DIVISION 2
Division 2 - Proceedings in Opposition Cases under
Regulation 22 of these Regulations
TRADE MARKS REGULATIONS - REG 53
Interpretation
53. (1) In this Division:
"applicant" means a person who has made an application to the Registrar under section 23 of the Act;
"notice of opposition" means a notice of opposition under regulation 22 of these Regulations;
"opponent" means a person who has lodged a notice of opposition to an application under regulation 22 of these Regulations.
(2) In this Division, a requirement that a person is to lodge declarations, or to serve copies of declarations, on which he relies in support of, or in answer to, an opposition shall, in a case in which it is not practicable to include in, or annex to, a declaration any material on which the person relies, be construed as including a requirement that the person is to lodge that material, or serve copies of that material, as the context requires.
TRADE MARKS REGULATIONS - REG 54
Applicant's evidence in support
54. An applicant shall:
(a) serve on the opponent, within fourteen days after the notice of opposition has been served on him, a copy of each of the declarations and other evidence which he has lodged in support of his application; and
(b) within fourteen days after the copies of the declarations and the other evidence have been so served, lodge at the Trade Marks Office a written statement indicating the place at which, and the date on which, the copies of the declarations and other evidence were so served.
TRADE MARKS REGULATIONS - REG 55
Opponent's evidence in answer
55. An opponent shall:
(a) serve on the applicant, within three months after the date on which the declarations of the applicant were served, a copy of each of the declarations on which he relies in support of the opposition and in answer to the application; and
(b) within fourteen days after the copies of the declarations are so served, lodge the declarations at the Trade Marks Office with a written statement indicating:
(i) the place at which, and the date on which, the copies of
the declarations of the applicant were served on him; and
(ii) the place at which, and the date on which, the copies of
his declaration were served on the applicant.
TRADE MARKS REGULATIONS - REG 56
Applicant's evidence in reply
56. An applicant:
(a) may serve on the opponent, within three months after the date on which the copies of the declarations of the opponent were served on him, a copy of each of the declarations on which he relies in reply to the declarations of the opponent; and
(b) shall, within fourteen days after the copies of the declarations are so served, lodge the declarations at the Trade Marks Office with a written statement indicating the place at which, and the date on which, the copies of the declarations were so served.
TRADE MARKS REGULATIONS - REG 57
Statement if declarations in reply not to be lodged
57. Where an applicant does not intend to reply to the opponent's declarations within the time specified in the last preceding regulation, the applicant shall, within fourteen days after the expiration of the time so specified, lodge at the Trade Marks Office a written notice to that effect and shall serve a copy on the opponent.
TRADE MARKS REGULATIONS - REG 58
Request to fix time and place for hearing
58. (1) Where:
(a) an opponent has not, within the time specified in paragraph (a) of regulation 55 of these Regulations, served copies of the declarations referred to in that paragraph on the applicant;
(b) an applicant has served on the opponent copies of the declarations referred to in paragraph (b) of regulation 56 of these Regulations; or
(c) an applicant has lodged the written notice referred to in regulation 57 of these Regulations;
the applicant may lodge at the Trade Marks Office an application in accordance with Form 15 for the time and place for the hearing of the opposition of which notice has been given to be fixed.
(2) Where:
(a) an applicant has not, within the time referred to in paragraph (a) of regulation 54 of these Regulations, served on the opponent copies of the declarations referred to in that paragraph;
(b) an applicant has not, within the time referred to in paragraph (a) of regulation 56 of these Regulations, served on the opponent copies of the declarations referred to in that paragraph; or
(c) an applicant has not, within one month after service of:
(i) the copies of the declarations referred to in paragraph (b)
of regulation 56 of these Regulations; or
(ii) the copy of the written notice referred to in regulation
57 of these Regulations;
lodged an application under the last preceding subregulation;
the opponent may lodge at the Trade Marks Office an application in accordance with Form 15 for the time and place for the hearing of the opposition of which notice has been given to be fixed.
(3) Upon receipt of an application under either of the last two preceding subregulations, the Registrar shall fix a time and place for the hearing of the opposition and shall notify the applicant and opponent accordingly.
TRADE MARKS REGULATIONS - REG 59
Application of general provisions of Division 1 of this Part
59. The provisions of regulations 47, 48, 50 and 51 of these Regulations apply to, and in relation to, proceedings in opposition cases under regulation 22 of these Regulations.
TRADE MARKS REGULATIONS - DIVISION 3
Division 3 - Proceedings other than Opposition Proceedings
TRADE MARKS REGULATIONS - REG 60
Procedure
60. Where the Act or these Regulations authorizes the Registrar to hear and decide an application or matter not being an opposition, the practice and procedure to be followed for the purposes of enabling the application or matter to be decided shall be the practice and procedure which the Registrar, on an application made to him for that purpose, directs to be followed.
TRADE MARKS REGULATIONS - DIVISION 4
Division 4 - Evidence
TRADE MARKS REGULATIONS - REG 61
Evidence
61. Notwithstanding anything contained in Division 1 of this Part, the Registrar may require a person who has made a declaration, to attend before him to give evidence orally on oath in lieu of, or in addition to, the evidence contained in the declaration and may allow the person to be cross-examined on his declaration.
TRADE MARKS REGULATIONS - REG 62
Copies of documents
62. (1) Two copies (one of which shall be an original copy) of documents referred to in proceedings or evidence before the Registrar shall be lodged for the Registrar's use.
(2) Where a document is in a foreign language, a translation of the document verified in such manner as the Registrar directs shall be furnished for the Registrar's use.
TRADE MARKS REGULATIONS - REG 63
Declarations and affidavits
63. (1) A declaration required by the Act or these Regulations to be lodged at the Trade Marks Office or furnished to the Registrar shall:
(a) be entitled in the matter in respect of which the declaration is made;
(b) be drawn in the first person;
(c) state the description and true place of business or abode of the declarant;
(d) be divided into paragraphs, each of which shall be numbered consecutively and shall, as far as practicable, be confined to one subject; and
(e) have endorsed on it the name and address of the person who lodges it and the name of the person on whose behalf it is lodged.
(2) A declaration may be made:
(a) in Australia - before a Notary Public, a Justice of the Peace, a Commissioner for Affidavits, a Commissioner for Declarations or a person authorized to administer oaths or to take declarations under the law of the State or Territory of the Commonwealth where the declaration is made;
(b) in a part of Her Majesty's dominions other than Australia - before a Judge, Magistrate, Justice of the Peace, Notary Public, a Commissioner for Oaths, a Commissioner for Affidavits, an Australian Diplomatic Officer, an Australian Consular Officer or a person authorised by the law of that part to administer oaths or take declarations; and
(c) in any other place - before a Judge of a court the jurisdiction of which is unlimited, one of Her Majesty's Consuls or Vice-Consuls, a Notary Public, an Australian Diplomatic Officer, or an Australian Consular Officer.
(3) The title of the person before whom the declaration is made and the date when and the place where it was taken or made shall be stated on the declaration.
(4) The Registrar may take notice of the signature to a declaration and of the signature of the person before whom it is made without proof of the signatures or of the fact that the person before whom the declaration is made holds the office stated on the declaration.
(5) In this regulation:
"Australian Consular Officer" has the same meaning as in the Consular Fees Act 1955;
"Australian Diplomatic Officer" has the same meaning as in the Consular Fees Act 1955.
TRADE MARKS REGULATIONS - PART VIII
PART VIII - MISCELLANEOUS
TRADE MARKS REGULATIONS - REG 66
Prescribed examination
66. The prescribed examination for the purposes of subparagraph (ii) of paragraph (i) of subsection (1) of section 135 of the Act is the examination in the subject, "Trade Marks Law of Australia and the Practice of the Trade Marks Office" conducted by the Board of Examiners of Patent Attorneys under the Patent Attorneys Regulations.
TRADE MARKS REGULATIONS - REG 67
Rights of patent attorney
67. A patent attorney has, in relation to documents and property of a client, the same right of lien that a solicitor has in relation to the documents and property of a client.
TRADE MARKS REGULATIONS - REG 68
Office hours
68. (1) The Trade Marks Office and each sub-office of the Trade Marks Office shall be open to the public from ten o'clock in the morning to four o'clock in the afternoon on each business day.
(2) In this regulation, "business day" means:
(a) in relation to the Trade Marks Office, a day of the week other than:
(i) a Saturday or a Sunday; or
(ii) a day observed in the Australian Capital Territory as a
holiday under section 76 of the Public Service Act 1922-1957; and
(b) in relation to a sub-office of the Trade Marks Office, a day of the week other than:
(i) a Saturday or a Sunday; or
(ii) a day observed in the place at which the sub-office is
established as a holiday under section 76 of the Public Service Act 1922-1957.
TRADE MARKS REGULATIONS - REG 69
Time within which applications for extensions of time are to be lodged
69. An application for an extension of time under these Regulations shall be in writing and shall be lodged at the Trade Marks Office:
(a) before the expiration of the time sought to be extended; or
(b) if the Registrar is satisfied that special circumstances existed which prevented the application being made before that time, within such time as the Registrar allows.
TRADE MARKS REGULATIONS - REG 70
Directions not otherwise prescribed
70. Where, in the opinion of the Registrar, it is necessary, for the proper prosecution or completion of any proceedings, for a person to perform an act, lodge a document, or produce evidence, which is not provided for by the Act or these Regulations, the Registrar may, by notice in writing, require the person to perform the act, lodge the document, or produce the evidence, specified in the notice.
TRADE MARKS REGULATIONS - REG 71
Where requirements cannot be complied with for reasonable cause
71. Where, under these Regulations, a person is required to do an act or thing, to sign a document, to make a declaration, to produce to or leave with the Registrar or at the Trade Marks Office any document or evidence and the Registrar is satisfied that that person is, for reasonable cause, unable to comply with the requirement, the Registrar may, subject to such terms as the Registrar directs, dispense with the requirement.
TRADE MARKS REGULATIONS - REG 71A
Costs
71A. (1) The Registrar must not award costs, other than costs specified in Schedule 6, unless each party to the proceedings has had the reasonable opportunity to make a submission on the matter of the award of those costs.
(2) The Registrar may award an amount:
(a) for costs in respect of a matter specified in column 2 of an item in Part 1 of Schedule 6; or
(b) in respect of the expenses or allowances of a person in relation to any proceedings before the Registrar.
(3) An amount referred to in subregulation (2) must be taxed allowed and certified, by an officer of, or an employee in, the Trade Marks Office appointed by the Registrar for that purpose, in accordance with:
(a) the amount specified in column 3 of that item; or
(b) Part 2 in Schedule 6;
as the case may be.
(4) A taxation of costs is subject to review by the Registrar.
TRADE MARKS REGULATIONS - REG 72
Exercise of discretionary power by Registrar
72. (1) The Registrar shall, before exercising a discretionary power given to him by the Act or these Regulations adversely to any person, give that person at least ten days' notice of the time and place at which that person may be heard.
(2) Within ten days after the date when the notice would be delivered in the ordinary course of post or such longer time as the Registrar appoints in the notice, the person notified shall inform the Registrar whether he desires to be heard in the matter.
(3) The Registrar shall, after hearing the person, notify the person and any other person affected of his decision.
TRADE MARKS REGULATIONS - REG 72A
Delegation by Registrar under paragraph 11 (1) (a) of the Act
72A. In relation to the powers of the Registrar under the Act, other than the powers under paragraphs 119 (a) and (c) of the Act, a person referred to in Schedule 7, being a person holding or performing the duties of an Australian Public Service Office in the Trade Marks Office, is a prescribed person for the purposes of paragraph 11 (1) (a) of the Act.
TRADE MARKS REGULATIONS - REG 73
Certification of copies
73. Where a person is required by these Regulations to lodge a copy of a document, the person shall certify as to the truth and correctness of the document so lodged in such a manner as the Registrar directs.
TRADE MARKS REGULATIONS - REG 74
Address for service
74. (1) Where, in a form in Schedule 1, provision is made for a statement of an address for service, the person completing the form shall state an address in Australia at which documents under the Act or these Regulations may be served on him personally or on a person specified in the form on his behalf.
(2) A person may, by notice in writing lodged at the Trade Marks Office, change his address for service to an address specified in the notice.
(3) Where proceedings in relation to which Division 1 of Part VII of these Regulations applies are pending, a person who has given notice under the last preceding subregulation shall serve a copy of the notice on all persons interested in the proceedings.
(4) Service of a document under the Act or these Regulations may be effected on a person by delivering the document to, or serving the document by post to, the address for service notified by that person.
TRADE MARKS REGULATIONS - REG 75
Notification of service
75. Where a person is required by the Act or these Regulations to serve on another person a copy of a document, the first-mentioned person shall within fourteen days after service of the document has been effected, notify the service of the copy of the document by lodging at the Trade Marks Office a notification in accordance with Form 16, together with a copy of the document, so served.
TRADE MARKS REGULATIONS - REG 76
Reasons for decision
76. The Registrar shall, on the written request by a person affected by a decision of the Registrar, furnish to that person a statement of the grounds upon which the decision was made.
TRADE MARKS REGULATIONS - REG 77
Compliance with forms
77. Strict compliance with the forms in Schedule 1 to these Regulations is not required and substantial compliance is sufficient.
TRADE MARKS REGULATIONS - REG 78
Destruction of documents
78. (1) The Registrar may order the destruction of documents relating to trade marks the registration of which has ceased not less than twenty-five years before the date of the order.
(2) The last preceding subregulation does not authorize the destruction of:
(a) the Register of Trade Marks; or
(b) documents considered by the Registrar, or by any Commonwealth authority concerned with the preservation of archives, to be of legal or historical interest.
TRADE MARKS REGULATIONS - SCHEDULE 1 SCH
SCHEDULE 1 Regulation 3 (2)
FORM 1 Regulation 7 (1)
AUSTRALIA
Trade Marks Act 1955
APPLICATION FOR THE REGISTRATION OF A TRADE MARK
I, , of ,
the proprietor of the trade
mark a representation of which is affixed to the Schedule to
this application/annexed to this application hereby apply for
registration of the trade mark in Part of the Register of Trade
Marks in respect of , being goods/services
included in Class No.
2. My address for service is
3. I furnish herewith the additional copies required to be
furnished by sub-regulation (5) of regulation 7 of the Trade Marks
Regulations.
THE SCHEDULE
Dated this day of , 19
(Signature)
To:
The Registrar of Trade Marks
FORM 2 Regulation 7 (5)
AUSTRALIA
Trade Marks Act 1955
ADDITIONAL REPRESENTATION OF TRADE MARK TO ACCOMPANY
APPLICATlON FOR REGISTRATION
Name of Applicant:
Address:
Address for Service:
Class No.:
Goods/Services in respect of which registration is applied for:
FORM 3 Regulations 16, 19 (3),
21 (5), 22 (4), 28 (4),
30 (2) and 36
AUSTRALIA
Trade Marks Act 1955
NOTICE OF OPPOSITION
I, , of hereby give, under
section of the Trade Marks Act 1955 (or regulation of
the Trade Marks Regulations), notice of opposition to the
in respect of Application No./Registered Trade Mark No.
2. The grounds of my opposition are as follows:
3. It is proposed to serve a copy of this notice on
4. My address for service is
Dated this day of , 19
(Signature)
To:
The Registrar of Trade Marks
FORM 4 Regulation 17
AUSTRALIA
(Australian Coat of Arms)
Trade Marks Act 1955
CERTIFICATE OF REGISTRATION OF TRADE MARK
I, , the Registrar of Trade Marks, hereby
certify -
(a) that the trade mark, a representation of which is affixed in
the Schedule to this certificate (or annexed to this Certificate)
has been registered in Part of the Register of Trade
Marks in respect of ,
being goods/services included in Class No. for a
period of years as from the day
of , One thousand nine hundred and ;
and
(b) that has been entered in
the Register of Trade Marks as the proprietor of the trade mark.
THE SCHEDULE
Given under my Hand and the Seal of the Trade Marks Office
this day of , 19
Registrar of Trade Marks
FORM 5 Regulation 19
AUSTRALIA
Trade Marks Act 1955
APPLICATION FOR AMENDMENT OR ALTERATION OF THE
REGISTER OR CERTIFICATE OF REGISTRATION
I, , of ,
hereby apply under section 19 of the Trade Marks Act 1955 for the
following amendment or alteration to be made in the Register of
Trade Marks in respect of Registered Trade Mark No. :
2. The grounds upon which this application is made are as
follows:
3. My address for service is
Dated this day of , 19
(Signature)
To:
The Registrar of Trade Marks
FORM 6 Regulation 20
AUSTRALIA
Trade Marks Act 1955
APPLICATION BY A PERSON ENTITLED BY ASSIGNMENT OR
TRANSMISSION TO A REGISTERED TRADE MARK FOR
REGISTRATION
I, , of ,
being the person entitled by assignment or transmission to
Registered Trade Mark No. , hereby apply to the Registrar
of Trade Marks to register my title to the trade mark.
2. I became entitled to the trade mark by virtue of
3. I furnish herewith the following proof of my title to the
trade mark:
4. My address for service is
Dated this day of , 19
(Signature)
To:
The Registrar of Trade Marks
FORM 7 Regulation 21
AUSTRALIA
Trade Marks Act 1955
APPLICATION UNDER SECTION 21 TO ALTER A TRADE MARK
I, , of , the
registered proprietor of Trade Mark No. , hereby apply for
leave to alter the trade mark in the following manner:
2. The grounds upon which this application is made are as
follows:
3. Twelve copies of a representation of the trade mark as it will
appear if the alterations are made are attached.
4. My address for service is
Dated this day of , 19
(Signature)
To:
The Registrar of Trade Marks
FORM 8 Regulation 22
AUSTRALIA
Trade Marks Act 1955
APPLICATION FOR REMOVAL OF TRADE MARK FROM THE REGISTER
I, , of , a
person aggrieved by the registration of Trade Mark No. ,
of which is the registered proprietor, hereby apply
to the Registrar of Trade Marks for an order, under section 23 of
the Trade Marks Act 1955, that the trade mark be removed from the
Register in respect of all or any of the following goods/services
in respect: of which it is registered:
2. The grounds upon which this application is made are as
follows:
3. Proceedings concerning the trade mark are not pending in a
court.
4. My address for service is
Dated this day of , 19
(Signature)
To:
The Registrar of Trade Marks
FORM 9 Regulation 25
AUSTRALIA
Trade Marks Act 1955
APPLICATlON FOR THE RENEWAL OF THE REGISTRATION OF A TRADE MARK
I, , of , the
registered proprietor of Trade Mark No. , hereby apply for
the renewal of the registration of the trade mark.
Dated this day of , 19
(Signature)
To:
The Registrar of Trade Marks
FORM 10 Regulation 26
AUSTRALIA
Trade Marks Act 1955
APPLICATION FOR REGISTRATION AS A REGISTERED USER
OF A TRADE MARK
I, , of , the
registered proprietor of Trade Mark No. , and I, ,
of carrying on business as hereby
apply for the registration of the said as a
registered user of the trade mark for the following
goods/services, namely, being goods/services
in respect of which the trade mark is registered.
2. The statutory declaration required to be furnished by section
74 of the Trade Marks Act 1955 is annexed.
3. The address for service of the proposed registered user is
Dated this day of , 19
(Signature)
To:
The Registrar of Trade Marks
FORM 11 Regulation 28
AUSTRALIA
Trade Marks Act 1955
APPLICATION FOR THE VARIATION OR EXTENSION OF THE
REGISTRATION OF A REGISTERED USER OF A TRADE MARK
I, , of , the
registered proprietor of registered Trade Mark No. ,
hereby apply for the following variation/extension under
section 75 of the Trade Marks Act 1955 of the registration of
as a registered user:
2. The grounds upon which this application is made are as
follows:
Dated this day of , 19
(Signature)
To:
The Registrar of Trade Marks
FORM 12 Regulation 28
AUSTRALIA
Trade Marks Act 1955
APPLICATION FOR THE CANCELLATION OF THE REGISTRATION
OF A REGISTERED USER OF A TRADE MARK
I, , of , hereby apply
for the cancellation under section 75 of the Trade Marks Act 1955,
of the registration of as a registered user of
registered Trade Mark No. .
2. The grounds upon which this application is made are as
follows:
3. My address for service is
Dated this day of , 19
(Signature)
To:
The Registrar of Trade Marks
FORM 13 Regulation 3l
AUSTRALIA
Trade Marks Act 1955
APPLICATION FOR CONSENT OF THE REGISTRAR TO THE ASSIGNMENT
OF A CERTIFICATION TRADE MARK
I, , of , the registered proprietor
of Trade Mark No. registered as a certification trade
mark in Part C of the Register of Trade Marks, and
I, , of , the proposed assignee of
the certification trade mark, hereby apply for the consent under
section 89 of the Trade Marks Act 1955 to the assignment of the
certification trade mark.
2. The grounds upon which this application is made are as
follows:
3. I attach hereto all documents relating to the proposed
assignment together with a copy, duly certified, of all those
documents.
4. The address for service of the proposed assignee is
Dated this day of , 19
(Signature)
To:
The Registrar of Trade Marks
FORM 14 Regulation 47
AUSTRALIA
Trade Marks Act 1955
APPLICATION FOR SPECIAL LEAVE TO LODGE FURTHER
EVIDENCE IN OPPOSITION PROCEEDINGS
I, , of , hereby apply for
special leave of the Registrar to lodge further evidence in the
opposition proceedings in respect of Application/Trade
Mark No. .
The nature of the further evidence and the grounds for making
this application are set forth in the accompanying declaration.
A copy of this application and of the accompanying declaration
was served on
Dated this day of , 19
(Signature)
To:
The Registrar of Trade Marks
FORM 15 Regulations 49 and 58
AUSTRALIA
Trade Marks Act 1955
APPLICATION FOR TIME AND PLACE FOR HEARING OF OPPOSITION
I, , of , hereby apply for a
time and place to be fixed for the hearing of the opposition in
respect of lodged by
Dated this day of , 19
(Signature)
To:
The Registrar of Trade Marks
FORM 16 Regulation 75
Trade Marks Act 1955
NOTIFICATION OF SERVICE
I, , of , hereby give
notice that on the day of , 19 ,
a copy of the notice given by me under section/regulation of
the Trade Marks Act 1955/of the Trade Marks Regulations was
served on
(here state name and description of the person served)
by
(here state method of service)
A copy of the notice so served is annexed thereto.
Dated this day of , 19
(Signature)
To:
The Registrar of Trade Marks
TRADE MARKS REGULATIONS - SCHEDULE 2 SCH
SCHEDULE 2 Regulation 4
FEES
Column 1 Column 2 Column 3
Item No. Matter Fee
1 On lodging:
(a) 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
$150, plus $65 for
each trade mark in
the series
additional to the
first
(b) on the day an application referred to in paragraph
(a) is made - an application to register the trade mark
referred to in paragraph (a), or the series of trade
marks referred to in paragraph (a), in respect of goods
or services in another prescribed class of goods or
services
$100, plus $65 for
each trade mark in
the series
additional to the
first
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
$260
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, other than an application:
(i) for cancellation of the entry of a trade mark; or
(ii) to enter a change of an address; or
(iii) to which the fee under paragraph (b) applies
$65
(b) simultaneously, 2 or more applications under
section 19, 21, 74, 75 or 87 of the Act that are to the
same effect in respect of each trade mark to which the
applications relate, other than an application referred
to in subparagraph (a) (i) or (ii)
$65, plus $35 for
each application
additional to the
first
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)
$250
5 On application under paragraph 47 (1) (b) to lodge
further evidence in opposition proceedings
$100
6 On lodging an application for a hearing under
regulation 49 or 58
$500
7 On informing the Registrar under regulation 50 of the
desire to be heard
$500, less any
amount already paid
under item 6 in
relation to the
matter
8 On informing the Registrar under subregulation 72 (2)
of the desire to be heard:
(a) on an application for an extension of time
$300
(b) on any other matter
$500
9 On lodging a request under regulation 76
$300, unless an
amount has already
been paid under
item 6, 7 or 8 in
relation to the
matter
10 On lodging an application for restoration under
subsection 71 (1) of the Act
$185
11 On lodging an application under section 69 of the Act
for renewal of the registration of a trade mark
$500
12 For supply of a certificate under subsection 17 (2) or
(3) of the Act:
(a) for the first certificate
$75
(b) for each additional certificate that is the same,
and supplied at the same time, as the first
certificate
$65
13 For supply under subsection 17 (2) of the Act of an
uncertified photographic copy of, or extract from, the
Register or another document
$10
14 On lodging an application under the Act or Regulations
for an extension of time:
(a) for each month or part of a month for which the
extension is sought; and
$65
(b) if the application is lodged after the end of the
time to be extended
$85
15 For taxing costs under subregulation 71A (3)
$65
16 On lodging a request for expedited examination of an
application for the registration of a trade mark under
regulation 7A $100
TRADE MARKS REGULATIONS - SCHEDULE 3 SCH
SCHEDULE 3 Regulation 5
REQUIREMENTS IN RELATION TO DOCUMENTS
1. Documents shall be written in the English language on tough
white paper of good quality, the thickness of three hundred sheets
of which is not less than 25 millimetres.
2. The sheets of the paper shall be foolscap folio size (337
millimetres by 206 millimetres or International Organization for
Standardization size A4 (297 millimetres by 210 millimetres).
3. The contents of a document shall be written on one side only
of the paper in a carbonaceous or other permanent ink on which
bleaching agents do not have any effect.
4. The contents of a document shall be so written as to leave a
margin of not less than 50 millimetres on the left-hand side of the
sheet.
5. If the contents of a document are in handwriting, the writing
shall be large and legible.
6. If the contents of a document are printed, the type shall not
be less than pica (12 point).
7. The signature of the person signing a document and the date of
signature shall be placed on the last sheet of the document.
8. An interlineation, alteration, erasure or amendment made in a
document before it is lodged at the Trade Marks Office shall be
initialled by the person who signs the document in the margin of
the document opposite to the interlineation, alteration, erasure or
amendment.
TRADE MARKS REGULATIONS - SCHEDULE 4 SCH
SCHEDULE 4 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 and engines (except for
land vehicles); machine coupling and transmission components
(except for land vehicles); agricultural implements; incubators for
eggs
8. Hand tools and implements (hand operated); cutlery; 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, data processing equipment and
computers; fire-extinguishing apparatus
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, fruit sauces;
eggs, milk and milk products; edible oils and fats
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 (condiments); 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
PART II
Classes of Services
35. Advertising; business management; business administration;
office functions
36. Insurance; financial affairs; monetary affairs; real estate
affairs
37. Building construction; repair; installation services
38. Telecommunications
39. Transport; packaging and storage of goods; travel arrangement
40. Treatment of materials
41. Education; providing of training; entertainment; sporting and
cultural activities
42. Providing of food and drink; temporary accommodation;
medical, hygienic and beauty care; veterinary and agricultural
services; legal services; scientific and industrial research;
computer programming; services that cannot be placed in other
classes.
TRADE MARKS REGULATIONS - SCHEDULE 4A SCH
SCHEDULE 4A Subregulation 11A (1)
CONVENTION COUNTRIES FOR THE PURPOSES OF THE ACT
Algeria
Argentina
Armenia
Austria
Bahamas
Bangladesh
Barbados
Belarus
Belgium
Benin
Bolivia
Bosnia and Herzogovina
Brazil
Bulgaria
Burkina Faso
Burundi
Cameroon
Canada
Central African Republic
Chad
Chile
China
Congo
Cote d'Ivoire
Croatia
Cuba
Cyprus
Czech Republic
Denmark (including Faroe Islands)
Dominican Republic
Egypt
El Salvador
Estonia
Finland
France (including all Overseas Departments and Territories)
Gabon
Gambia
Georgia
Germany
Ghana
Greece
Guinea
Guinea-Bissau
Guyana
Haiti
Holy See
Honduras
Hungary
Iceland
Indonesia
Iran, Islamic Republic of
Iraq
Ireland
Israel
Italy
Japan
Jordan
Kazakhstan
Kenya
Korea, Democratic People's Republic of
Korea, Republic of
Kyrgyzstan
Latvia
Lebanon
Lesotho
Liberia
Libyan Arab Jamahiriya
Liechtenstein
Lithuania
Luxembourg
Madagascar
Malawi
Malaysia
Mali
Malta
Mauritania
Mauritius
Mexico
Moldova
Monaco
Mongolia
Morocco
Netherlands (including the Netherlands Antilles and Aruba)
New Zealand (excluding the Cook Islands, Niue and Tokelau)
Niger
Nigeria
Norway
Paraguay
Philippines
Poland
Portugal
Romania
Russian Federation
Rwanda
San Marino
Senegal
Singapore
Slovak Republic
Slovenia
South Africa
Spain
Sri Lanka
Sudan
Suriname
Swaziland
Sweden
Switzerland
Syrian Arab Republic
Taiwan
Tajikistan
The former Yugoslav Republic of Macedonia
Togo
Trinidad and Tobago
Tunisia
Turkey
Uganda
Ukraine
United Kingdom (including Hong Kong and the Isle of Man)
United Republic of Tanzania
United States of America (including all territories and
possessions, including the Commonwealth of Puerto Rico)
Uruguay
Uzbekistan
Viet Nam
Yugoslavia
Zaire
Zambia
Zimbabwe
TRADE MARKS REGULATIONS - SCHEDULE 5 SCH
SCHEDULE 5 Regulation 13
PROHIBITED MARKS
PART I
ABORIGINES WELFARE
AIRFLASH
A.N.A.
AUSTRADE
AVIAT
CALAID
C.E.S.
CORONATION
COSTORES
C.S.L.
I.L.O.
NATO
OLYMPIC CHAMPION
P AND E.O.
PRINTERGRAM
R.A.L.F.
REPATRIATION
RETURNED AIRMAN
RETURNED SAILOR
RETURNED SOLDIER
ROYAL VISIT
S.E.S.
S.O.S.
T.P.W.
U.N.
U.N.E.S.C.O.
PART II
ANZAC
AUSTRALIA CARD
MEDICARE
VANZAC
TRADE MARKS REGULATIONS - SCHEDULE 6 SCH
SCHEDULE 6 Regulation 71A
COSTS, EXPENSES AND ALLOWANCES
PART 1 - COSTS
Column 1 Column 2 Column 3
Item Matter Amount
1 Notice of opposition
$180
2 Evidence in support
$480
3 Receiving and perusing notice of opposition
$90
4 Receiving and perusing evidence in support
$210
5 Evidence in answer
$480
6 Receiving and perusing evidence in answer
$145
7 Evidence in reply
$240
8 Receiving and perusing evidence in reply
$90
9 Preparation of case for hearing
$360
10 Attendance at hearing by patent attorney, trade marks
agent or solicitor without counsel
$180 an hour or
$810 a day
11 Attendance at hearing by patent attorney, trade marks
agent or solicitor instructing counsel
$145 an hour or
$650 a day
12 Counsel fees
$240 an hour or
$1,080 a day
PART 2 - EXPENSES AND ALLOWANCES
Division 1 - Expenses
1. A person who has paid a fee prescribed in these Regulations in
relation to proceedings before the Registrar may be paid the amount
of the fee.
2. A person attending proceedings before the Registrar must be
paid:
(a) a reasonable amount for allowances for transport between the
usual place of residence of the person and the place that he or she
attends for that purpose; and
(b) if the person is required to be absent overnight from his or
her usual place of residence - a reasonable amount for allowances
up to a daily maximum of $405 for meals and accommodation.
Division 2 - Allowances
3. A person who, because of his or her professional, scientific
or other special skill or knowledge, is summoned to appear as a
witness before the Registrar must be paid:
(a) if the person is remunerated in his or her occupation by
wages, salary or fees - an amount equal to the amount of wages,
salary or fees not paid to the person because of his or her
attendance for that purpose; or
(b) in any other case - an amount of not less than $95, or
more than $475, for each day on which he or she so attends.
4. A person summoned to appear as a witness, other than a witness
referred to in clause 3, before the Registrar must be paid:
(a) if the person is remunerated in his or her occupation by
wages, salary or fees - an amount equal to the amount of wages,
salary or fees not paid to the person because of his or her
attendance for that purpose; or
(b) in any other case - an amount of not less than $54, or more
than $89, for each day on which he or she so attends.
TRADE MARKS REGULATIONS - SCHEDULE 7 SCH
SCHEDULE 7 Regulation 72A
PRESCRIBED PERSONS - PARAGRAPH 11 (1) (a) OF THE ACT
A person holding or performing the duties of a Senior Officer,
Grade A, in the Trade Marks Office
A person holding or performing the duties of a Senior Officer,
Grade B, in the Trade Marks Office
A person holding or performing the duties of a Senior Officer,
Grade C, in the Trade Marks Office
A person holding or performing the duties of a Senior Officer,
Grade C, Examiner of Trade Marks, in the Trade Marks Office
A person holding or performing the duties of an Administrative
Service Officer, Class 6, Examiner of Trade Marks, in the Trade
Marks Office
A person holding or performing the duties of an Administrative
Service Officer, Class 5, Examiner of Trade Marks, in the Trade
Marks Office
A person holding or performing the duties of an Administrative
Service Officer, Class 4, Examiner of Trade Marks, in the Trade
Marks Office
A person holding or performing the duties of an Administrative
Service Officer, Class 3, Examiner of Trade Marks, in the Trade
Marks Office
A person holding or performing the duties of an Administrative
Service Officer, Class 6, in the Trade Marks Office
A person holding or performing the duties of an Administrative
Service Officer, Class 5, in the Trade Marks Office
A person holding or performing the duties of an Administrative
Service Officer, Class 4, in the Trade Marks Office
A person holding or performing the duties of an Administrative
Service Officer, Class 3, in the Trade Marks Office
0
0
0