Trade Marks Regulations (Amendment)

Legislation au C1952L00062 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1952. No. 62.

REGULATIONS UNDER THE TRADE MARKS ACT 1905-1948.*

I, 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 Maries Act 1905-1948*

Dated this fourth day of August, 1952.

Governor-General.

By His Excellency’s Command,

Attorney-General.

Second Schedule.

AMENDMENTS OF THE TRADE MARKS REGULATIONS 1913.†

1. The Second Schedule to the Trade Marks Regulations 1913 is repealed and the following Schedule inserted in its stead:—

“THE SECOND SCHEDULE.

Regulation 5.

FEES.

	£	s.	d.
1.On application to register a trade mark or a standardization trade mark .............................................	4	0	0
2. On application to register a series of marks ..........................	4	0	0
3. On application to the Minister for authority to use the Common- wealth Trade Mark generally .................................	10	0	0
4. On application to the Minister for authority to use the Commonwealth Trade Mark in respect to specific goods— goods comprised in one class ...............................	4	0	0
goods comprised in each additional class .. ......................	2	0	0
5. For registration of a trade mark or a standardization trade mark.............	6	0	0
6. For registration of a series of marks— for first mark ..........................................	6	0	0
for every other mark of the series .............................	2	0	0
7. On .application for registration of a registered user .....................	4	0	0
8. On applications made at the same time for registration of the same registered user of more than one registered trade mark of the same registered proprietor subject to the same conditions and restrictions in each case— for the first mark .......................................	4	0	0
for every other mark of the proprietor included in the application .........	1	0	0

* Notified in the Commonwealth Gazette on , 1952.

† Statutory Rules 1913, No. 339, as amended by Statutory Rules 1914, No 56; 1917, No. 291; 1929, No. 89; 1930, Nos. 149 and 157; 1934, No. 133; 1937, No. 18; 1938, No. 33; 1941, Nos. 31 and 241; 1943, No. 36; 1945, No. 199; 1948, No 111; 1949, No. 40; and 1950, Nos. 44 and 56.

1995.—Price 3d. 9/25.6.1952.

“THE SECOND SCHEDULE—continued.

FEES—continued.	£	s.	d.
9. On application by the registered proprietor of a trade mark for a variation of the registration of a registered user	4	0	0
10. On application for cancellation of entry of a registered user of a trade mark ....	4	0	0
11. For giving notice of a desire to be heard on application to vary or cancel registration of registered user of a trade mark.	6	0	0
12. On application by a registered user of a trade mark for correction or alteration of the Register	2	0	0
13. On giving notice of appeal from the Registrar to the Law Officer in respect of each decision appealed against—by applicant	6	0	0
14. On request to be heard by the Registrar or the Law Officer...............	3	0	0
15. On filing notice of opposition, for each application opposed—by opponent ....	6	0	0
10. On application to lodge further evidence in opposition cases— by person making application	4	0	0
17. On hearing of each opposition—by opponent and applicant..............	2	0	0
18. On application to register a subsequent proprietor in cases of assignment or transmission of a single mark	4	0	0
19. 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—
for the first mark ......................................	4	0	0
for every other mark ....................................	1	0	0
20. 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 the first mark ......................................	1	0	0
for every other mark ....................................	0	10	0
21. On application to correct an error in the name of the registered proprietor of a trade mark	1	0	0
22. On application for renewal of registration of a trade mark or a standardization trade mark at the expiration of every fourteen years	10	0	0
23. 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 ..............................	10	0	0
for every other mark of the series ............................	2	0	0
24. Additional fee for restoration of a trade mark to the Register under section 56 ..	4	0	0
25. On request for alteration of an address on the Register or in an application or for correction of an error in an address on the Register—for a single mark	1	0	0
26. 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 ......................................	1	0	0
for every other mark ....................................	0	10	0
27. For each entry in the Register of the association of marks under regulation 84 ..	0	10	0
28. For every entry in the Register of a rectification of, or an alteration in, the Register, for which no other fee is payable	4	0	0
29. On request to the Registrar to cancel the entry of a trade mark upon the Register, on the application of the owner of the trade mark or of some person entitled by law to act in his name	2	0	0
30. On request to the Registrar to correct a clerical error in a document filed in connexion with a trade mark	1	0	0
31. On request to amend a notice of opposition or an application for the registration of a trade mark, other than an alteration of address provided for in items 25 and 26	1	0	0
32. On application to the Registrar under regulation 80 ...................	10	0	0
33. On application to the Registrar for leave to add to, or alter, a single trade mark under regulation 91	4	0	0

“THE SECOND SCHEDULE—continued.

Fees—continued.	£	s.	d.
34. 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 ......................................	4	0	0
for every other mark ....................................	1	0	0
35. For a certified copy of a certificate of registration of a trade mark	1	0	0
36. On request to amend a document under regulation 125 .................	2	0	0
37. On application for the Registrar’s certificate (other than certificate of refusal) under regulation 122	1	0	0
38. For certificate of refusal to register a trade mark ......................	2	0	0
39. For photographic copies of documents, entries in or extracts from the Register or transcripts or reports of hearings before the Registrar—per sheet	0	2	6
40. 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	5	0
for every inch or part of an inch over 2 inches in depth..............	0	5	0
41. For inspecting the Register....................................	0	2	0
42. On request to substitute a successor to a party to a proceeding in place of a deceased party	1	0	0
43. On application for extension of time within which an act or thing required by the Act or the Regulations is to be done	1	0	0
44. For taxing costs...........................................	0	10	0
45. On filing declaration or opposition or like proceedings..................	0	2	6
46. For subpoena ............................................	0	2	0”.

Third Schedule.

2. Each of the forms in the Third Schedule to the Trade Marks Regulations 1913 which is specified in column 1 of the Schedule to these Regulations is amended in the manner set out in column 2 opposite to that form.

Commencement.

3. These Regulations shall come into operation on the first day of September, 1952.

THE SCHEDULE.

AMENDMENTS OF THE THIRD SCHEDULE.

Reg. 2.

Column 1	Column 2.
Form.	Amendments to Forms.
B	Omit “£2”
B2	Omit “£2”
B3	Omit “£2”
F	Omit “£3”
I	Omit “£2”
J	Omit “£3”
L	Omit “£5”
N	Omit “£5”
	Omit “£1”
P	Omit “£2” (wherever occurring)
	Omit “TWO POUNDS”
T	Omit “£2”
X	Omit “£5”
Y	Omit “£2”
	Omit “10s”
Z	Omit “£1”
AA	Omit “£5” (wherever occurring)
	Omit “£2”
	Omit “£1”
CC	Omit “10s”

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Regulations under the Trade Marks Act 1905-1948, made in 1952 by the Governor-General in accordance with the advice of the Federal Executive Council, aim to update and refine the administrative framework for the regulation of trade marks in Australia. These regulations were introduced to address the need for a more streamlined and structured approach to the fees and processes associated with the registration and maintenance of trade marks, as well as to provide clarity and consistency in the application of the Trade Marks Act. The objective of these regulations is to ensure that the administration of trade mark registration and related activities is efficient, transparent, and in line with the evolving commercial landscape of the time.

Scope and Application

The Trade Marks Regulations 1952, issued under the Trade Marks Act 1905-1948, govern the registration, fees, and other administrative processes related to trademarks in Australia. These regulations apply to individuals, entities, and businesses seeking to register, alter, or renew trademarks. They cover various aspects such as the application process, fee structures for different types of applications, and the procedures for opposition and appeal. The scope of these regulations is national, applying across the Commonwealth of Australia, ensuring a uniform system for trademark registration and management. The regulations also detail the fees associated with each application and administrative process, providing clear guidelines for applicants. Specific exclusions or exemptions are not explicitly stated in the provided text, but the regulations do provide detailed fee schedules which may implicitly exclude certain actions from coverage. The application and interpretation of these regulations can be further extended or restricted by subordinate instruments, ensuring that the administration of trademark law remains adaptable and comprehensive.

Key Provisions

The key provisions of these Regulations under the Trade Marks Act 1905-1948 (sections 1 to 3) include a detailed list of fees required for various applications and processes related to trade mark registration and management, as outlined in the Second Schedule. For example, Regulation 5(1) specifies that the fee for an application to register a trade mark or a standardization trade mark is £400, while Regulation 5(3) sets the fee for an application to the Minister for authority to use the Commonwealth Trade Mark generally at £1000. Regulation 5(28) details that the fee for every entry in the Register of a rectification of, or an alteration in, the Register, for which no other fee is payable, is £400. These Regulations impose specific financial obligations on parties seeking to register, manage, or alter trade marks. For instance, applicants must pay the specified fees for applications to register trade marks, for renewal of registrations, for changes in registered users, and for various other administrative actions, as set forth in the Second Schedule. Furthermore, these obligations extend to the payment of fees for specific services such as certified copies of registration certificates and photographic copies of documents, as outlined in Regulation 5(35) and Regulation 5(39) respectively. Non-compliance with the payment of fees as stipulated in these Regulations may result in administrative penalties or delays in processing applications. While these Regulations themselves do not explicitly outline specific offences, penalties, or consequences for non-compliance, failure to pay the requisite fees may result in the application not being processed, potentially leading to the forfeiture of rights or the inability to secure a trade mark registration. It is important to note that while the Regulations do not specify maximum penalties, the Trade Marks Act 1905-1948 may impose penalties for non-compliance with related provisions.

Area of Law: Intellectual Property Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Fees; Regulatory Standards

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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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