Statutory Rules
1979 No. 109
REGULATIONS UNDER THE TRADE MARKS ACT 19551
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Trade Marks Act 1955.
Dated this twenty-eighth day of June 1979.
ZELMAN COWEN
Governor-General
By His Excellency's Command,
IAN MACPHEE
Minister of State for Productivity
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AMENDMENT OF THE TRADE MARKS REGULATIONS2
Second Schedule
1. The Second Schedule to the Trade Marks Regulations is repealed and the following Schedule substituted:
SECOND SCHEDULE Regulation 4
FEES
Item No. | Matter | Fee |
| | $ |
1 | On lodging an application to register a trade mark or a series of trade marks... | 40.00 |
2 | For registration of a trade mark or a series of trade marks................ | 60.00 |
3 | On lodging an application to the Registrar under section 19, 20, 21, 23, 74, 75, 87 or 127 or sub-section 36 (2) of the Act, not being an application for the cancellation of the entry of a trademark or for change of address | 15.00 |
4 | On lodging notice of opposition................................ | 40.00 |
5 | On an application to lodge further evidence in opposition proceedings....... | 25.00 |
6 | On appearing at a hearing or on lodging a request under Regulation 76....... | 50.00 |
7 | On lodging an application for restoration under section 71 of the Act........ | 120.00 |
8 | On lodging an application under section 69 of the Act for renewal of the registration of a trade mark—in respect of each registration | 150.00 |
9 | For entry in the Register of association of a trade mark under sub-section 36 (1) of the Act | 5.00 |
10 | For a certified copy of a Certificate of Registration.................... | 10.00 |
11 | For a certificate of the Registrar under section 17 of the Act.............. | 10.00 |
12 | For photographic copies of, or extracts from, the Register or other documents under section 17 of the Act-per document | 3.00 |
13 | On lodging an application for an extension of a time or period prescribed in the Act— (i) for each month or part of month in respect of which application for extension of time is applied | 20.00 |
(ii) if lodged after the expiration of the time or period to be extended the amount payable under paragraph (i) plus an amount of | 40.00 |
14 | Taxing of costs........................................... | 20.00 |
Saving
2. Notwithstanding the amendments of the Trade Marks Regulations made by regulation 1, where an application to register a trade mark has been accepted before the date of commencement of these Regulations, the fee payable in respect of the registration of the trade mark, and any fee payable in respect of entering that trade mark in the register as an associated trade mark in pursuance of sub-section 36 (1) of the Act, is the fee that, but for these Regulations, would have been payable in respect of the registration of that trade mark, or the entering of that trade mark in the Register, before that date.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 29 June 1979.
2. Statutory Rules 1956 No. 48 as amended by Statutory Rules 1961 No. 36; 1973 No. 289; 1975 No. 202; and 1979 No. 11.
Overview
Statutory Rules 1979 No. 109, known as the Trade Marks Regulations 1979, was enacted under the Trade Marks Act 1955. These regulations were introduced by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to address the need for updated and detailed fee structures for various applications and processes related to trade marks. The Trade Marks Act 1955 itself was established to protect and regulate the use of trade marks in Australia, and these regulations serve to further specify the financial requirements for engaging with the trade mark registration process. The policy objective of these regulations is to ensure that the trade mark registration process is both accessible and efficiently managed, providing clear guidelines on the fees associated with various actions under the Act.
Scope and Application
The Trade Marks Regulations 1979, made under the Trade Marks Act 1955, apply to all persons and entities seeking to register, maintain, or oppose trademarks in Australia. These regulations govern the fees associated with various actions under the Act, including the application for the registration of a trademark, the renewal of registrations, and the lodging of oppositions. The fees are outlined in detail in the Second Schedule of the Regulations, and they cover the costs for lodging applications, notices, and requests, as well as for other services such as entering a trademark in the Register or obtaining certified copies of registration certificates. The Regulations have a national reach, applying across all jurisdictions in Australia, and are intended to streamline the process of trademark registration and management. The Regulations also include provisions for the taxing of costs and provide for certain transitional arrangements to ensure continuity for applications already in process at the time of the Regulations' commencement.
Key Provisions
The Trade Marks Regulations 1979, under the Trade Marks Act 1955, outline the fees associated with various applications and procedures related to the registration, opposition, and renewal of trademarks in Australia. The main operative sections (regulations 4 and 13) establish the fees for different actions, such as lodging an application to register a trade mark (regulation 4, item 1) which costs $40.00, and the registration itself (regulation 4, item 2) which costs $60.00. Other fees include $15.00 for lodging an application under sections such as 19, 20, 21, 23, 74, 75, 87, or 127 of the Act, $40.00 for lodging notice of opposition, and $25.00 for lodging an application to present further evidence in opposition proceedings. Regulation 13 sets out the fee for an extension of time or period prescribed in the Act, which is $20.00 for each month or part of a month, plus an additional $40.00 if lodged after the expiration of the time or period.
The obligations and requirements imposed by these Regulations on the parties or entities they govern include the payment of specified fees for each action related to the registration, opposition, or renewal of trademarks. This includes the mandatory payment of fees for lodging applications, notices of opposition, and requests for extensions of time. Additionally, the Regulations require that any application for registration or other actions be accompanied by the appropriate fee as stipulated. Regulation 13 also specifies that if an application for an extension of time is lodged after the expiration of the time or period to be extended, the fee is increased by an additional $40.00. These obligations ensure that the processes for managing trademarks are conducted in a formal and financially transparent manner.
In terms of consequences for breach, the Trade Marks Regulations do not explicitly outline offences or penalties for non-payment of fees or failure to comply with the regulations. However, under the Trade Marks Act 1955, penalties for non-compliance with the Act, including failure to pay fees, can include fines and imprisonment. The maximum penalties for offences under the Trade Marks Act can vary, with fines potentially reaching up to $210,000 for corporations and $42,000 for individuals, and imprisonment terms that can extend up to 2 years for serious offences. Additionally, civil actions for damages or injunctive relief may be pursued for breaches of the Act, further ensuring compliance with the regulatory framework.