Trade Marks Regulations 1913 (Amendment)

Legislation au C1929L00089 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1929. No. 89.

REGULATIONS UNDER THE TRADE MARKS ACT 1905-1922.

I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Trade Marks Act 1905-1922, to come into operation on and from the sixteenth day of August, One thousand nine hundred and twenty-nine.

Dated this fourteenth day of August, 1929.

D. R. S. de CHAIR,

Deputy of the Governor-General.

By His Excellency’s Command,

J. G. LATHAM,

Attorney-General.

Amendment of the Trade Marks Regulations.

(Statutory Rules 1913, No. 339, as amended to this date)

1. The Second Schedule to the Trade Marks Regulations is repealed and the following Schedule inserted in its stead:—

THE SECOND SCHEDULE.

Fees.

		£	s.	d.
1.	On application to register a trade mark or a standardization trade mark.............	2	0	0
2.	On application to register a series of marks...............................	2	0	0
3.	On application to the Minister for authority to use the Commonwealth Trade Mark generally	5	0	0
4.	On application to the Minister for authority to use the Commonwealth Trade Mark in respect of specific goods—
	For goods comprised in one class...............................	2	0	0
	For goods comprised in each additional class.......................	1	0	0
5.	For registration of a trade mark or a standardization trade mark..................	3	0	0
6.	For registration of a series of marks—
	For the first mark.........................................	3	0	0
	And for every other mark of the series...........................	1	0	0
7.	On appeal from Registrar to Law Officer in respect of each decision appealed against—by appellant	2	0	0
8.	On request to be heard by the Registrar or the Law Officer.....................	1	0	0
9.	On filing notice of opposition, for each application opposed—by opponent..........	3	0	0
10.	On application to lodge further evidence in opposition cases—by person making application	1	0	0
11.	On the hearing of each opposition—by opponent and applicant..................	2	0	0
12.	On application to register a subsequent proprietor in cases of assignment or transmission of a single mark	2	0	0
13.	On application to register a subsequent proprietor of more than one mark standing in the same name, the devolution of title being identical in each case—
13.	For the first mark.........................................	2	0	0
	And for every other mark....................................	0	10	0
14.	On application to change the name of a proprietor of a mark or series of marks where there has been no alteration in the proprietorship—for every mark	2	0	0
15.	On application to correct an error in the name of the registered proprietor of a trade mark.	0	10	0
16.	On application for renewal of registration of a trade mark or standardization trade mark at the expiration of every fourteen years	5	0	0

Fees.—continued.

		£	s.	d.
17.	On application for renewal of registration of a series of trade marks at the expiration of every fourteen years—
	For the first mark of the series.................................	5	0	0
	And for every other mark of the series...........................	1	0	0
18.	Additional fee for restoration of trade mark to register under section 50 (Form P)......	2	0	0
19.	On request for alteration of an address on the Register or in an application, or correction of an error in an address on the Register, for a single mark	0	10	0
20.	On request for alteration of the address on the Register or in an application of the proprietor (or person claiming to be the proprietor) of more than, one mark, or correction of an error in an address on the Register, where the address in each case is the same and is altered in the same way—
	For the first mark.........................................	0	10	0
	And for every other mark....................................	0	5	0
21.	Upon each entry in the Register of the association of marks under Regulation 84.......	0	1	0
22.	For every entry in the Register of a rectification thereof or an alteration therein, not otherwise charged	2	0	0
23.	On request to Registrar to cancel the entry or part of the entry of a trade mark upon the Register, on the application of the owner of such trade mark, or of some person entitled by law to act in his name	1	0	0
24.	On request to the Registrar to correct a clerical error in any document filed in connexion with any trade mark	0	5	0
25.	On request to amend a notice of opposition or an application for the registration of a trade mark, not including an alteration of address provided for in items 10 and 20	0	10	0
26.	On application to the Registrar under Regulation 80..........................	5	0	0
27.	On application to the Registrar for leave to add to or alter a single trade mark under Regulation 91	2	0	0
28.	On application to the Registrar for leave to add to or alter more than one mark of the same proprietor, the addition or alteration to be made in each case being the same—
	For the first mark.........................................	2	0	0
	And for every other mark....................................	0	10	0
29.	For certified copy of a Certificate of Registration of a trade mark.................	1	0	0
30.	On request to amend any document under Regulation 125......................	0	10	0
31.	On application for the Registrar’s certificate (except certificate of refusal) under Regulation 122	0	10	0
32.	For certificate of a refusal to register a trade mark...........................	3	0	0
33.	For making a search amongst the classified representations of trade marks—for every hour or part thereof	0	2	0
34.	For making a search in the name or other index—for every hour or part thereof........	0	2	0
35.	For search or inspection of each application...............................	0	2	0
36.	For office copies of documents—for every 100 words........................	0	1	0
37.	In cases where the block or electrotype of the trade mark exceeds 2 inches in breadth or depth, or in breadth and depth—
	For every inch or part of an inch over 2 inches in breadth...............	0	2	0
	For every inch or part of an inch over 2 inches in depth................	0	2	0
38.	For inspecting the Register—for every hour or part thereof.....................	0	2	0
39.	On request to substitute a successor as party to a proceeding in place of a deceased party.	0	30	0
40.	On application for extension of time within which any act or thing required by the Act and the Regulations is to be done	0	5	0

2. The Third Schedule to the Trade Marks Regulations is amended by omitting any reference to the amount of any fee from any Form which contains any such reference and inserting in its stead a reference to the appropriate fee prescribed by the last preceding regulation.

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Trade Marks Act 1905-1922 was enacted to provide a comprehensive legal framework for the registration, protection, and enforcement of trademarks in Australia. This legislation aimed to address the need for a unified system of trademark regulation to facilitate commerce and prevent the unauthorised use of trademarks, thereby protecting businesses and consumers alike. The Act was introduced by the Australian Parliament and is supported by the policy objective of fostering a fair and competitive marketplace. The accompanying Statutory Rules of 1929, numbered 89, detail specific regulations under the Trade Marks Act, including fees for various trademark-related applications and services, to ensure the efficient administration of trademark law in Australia.

Scope and Application

The Trade Marks Regulations of 1929, made under the Trade Marks Act 1905-1922, apply to all persons and entities seeking to register or manage trade marks within the Commonwealth of Australia. These regulations govern the fees associated with various applications and transactions related to trade mark registration, including the registration of individual trade marks, series of marks, and renewals, as well as fees for oppositions, appeals, and other administrative processes. The scope of these regulations is broad, covering a wide range of conduct and transactions within the trade mark industry. The regulations also extend to the authority for using the Commonwealth Trade Mark, both generally and in respect of specific goods. The fees outlined in the Second Schedule set out the financial obligations for different services, such as the registration of a trade mark, the renewal of registration, and the correction of errors. The regulations do not specify any exclusions or exemptions but are detailed in their financial stipulations, thereby ensuring a structured approach to trade mark management in Australia. These regulations are comprehensive in their application and are further extended or restricted through subordinate instruments as required.

Key Provisions

The Statutory Rules 1929, No. 89, made under the Trade Marks Act 1905-1922, provide a comprehensive set of regulations governing the fees associated with trade mark applications, registrations, and other related activities. The Second Schedule to the Trade Marks Regulations (Section 1) has been entirely repealed and replaced with new fees for various services. For instance, the fee for applying to register a trade mark or a standardization trade mark is set at £2 (Section 1(1)), while the fee for registering a series of marks is £3 (Section 1(2)). Fees also apply for obtaining authority to use the Commonwealth Trade Mark, appealing decisions, lodging opposition, and other activities. The Third Schedule to the Trade Marks Regulations (Section 2) has been amended to ensure that all forms reference the appropriate fees as prescribed in the new regulations. These regulations impose specific financial obligations on applicants, registrants, and other parties involved in trade mark activities. For example, applicants must pay the prescribed fees to register a trade mark (Section 1(5)), to lodge opposition (Section 1(9)), and to renew registration (Section 1(16) and (17)). The fees are designed to cover the administrative costs associated with processing applications, maintaining the Register of Trade Marks, and other related activities. Failure to pay the required fees may result in the non-processing of applications or the non-registration of trade marks. Breach of the provisions in these regulations may lead to various consequences, though specific offences and penalties are not detailed in the text. However, it is reasonable to infer that failure to pay the required fees or non-compliance with other provisions could result in administrative penalties or legal actions. The exact nature of these consequences would typically be addressed in the Trade Marks Act 1905-1922 or subsequent legislation. The regulations themselves focus primarily on establishing the fees and ensuring that all forms and applications reference the correct charges.

Area of Law: Intellectual Property Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Fees; Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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