STATUTORY RULES.
1930. No. 157.
REGULATION UNDER THE TRADE MARKS ACT 1905-1922.
I, THE person administering the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulation under the Trade Marks Act 1905-1922, to come into operation forthwith.
Dated this nineteenth day of December, 1930.
SOMERS
Administering the Government of the
Commonwealth of Australia.
By His Excellency’s Command,
JNO. J. DALY
Acting 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 amended by omitting item 14 and inserting in its stead the following item:—
“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—
| £ | s. | d. |
For the first mark................................ | 1 | 0 | 0 |
And for every other mark........................... | 0 | 5 | 0”. |
By Authority: H. J. Green, Government Printer, Canberra.
Overview
The Trade Marks Regulations 1930 (C1930L00157) was enacted to amend the existing Trade Marks Regulations under the Trade Marks Act 1905-1922. This legislative instrument was introduced to address a specific gap in the application process for changing the name of a proprietor of a trademark without altering the proprietorship. The enactment body was the person administering the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective was to streamline the process and provide clarity in the fee structure for such applications, reflecting the changing administrative needs of the time.
Scope and Application
The Trade Marks Regulations, as amended by Statutory Rules 1930, No. 157, apply to any person or entity seeking to alter the name of a proprietor of a registered trademark or a series of trademarks in Australia. This regulation, which comes into effect immediately, governs the administrative process and fees associated with such changes, ensuring that the proprietorship of the trademark remains unchanged. The regulation is applicable across the Commonwealth of Australia, extending its reach uniformly throughout the nation. It specifies the fees for altering the proprietor's name, charging £10 for the first mark and £0.5 for each additional mark. The regulation does not provide for any exclusions, exemptions, or specific thresholds, and it operates as a direct amendment to the existing Trade Marks Regulations without the need for further subordinate instruments to extend or restrict its application.
Key Provisions
The Trade Marks Regulations (Statutory Rules 1930, No. 157) primarily amend the fee structure for applications related to the change of name of a mark's proprietor. Specifically, section 1 of the regulation replaces the previous fee structure with a new one, where the fee for the first mark remains at £10 and the fee for each additional mark is reduced to 5 shillings (section 1). This change is made under the authority of the Trade Marks Act 1905-1922, ensuring that the legislative instrument aligns with the existing statutory framework.
The obligations imposed by this regulation are straightforward. Any individual or entity that seeks to change the name of the proprietor of a trademark must now comply with the new fee structure specified in the regulation. This means they must pay £10 for the first mark and an additional 5 shillings for each subsequent mark. This change aims to streamline the application process and ensure consistency in the fees charged by the Trade Marks Office.
Failure to comply with the fee requirements stipulated in this regulation can lead to legal consequences. While the regulation does not explicitly state penalties for non-compliance, it is reasonable to infer that any application not accompanied by the correct fee could be rejected by the Trade Marks Office. Additionally, under the Trade Marks Act, any actions that contravene the provisions of the Act or its regulations could potentially result in legal action, including fines or other penalties as prescribed by law. The exact penalties would depend on the specific provisions of the Trade Marks Act and any relevant case law.