Statutory Rules
1973 No. 289
REGULATIONS UNDER THE TRADE MARKS ACT 1955-1966.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Trade Marks Act 1955-1966.
Dated this eighteenth day of December, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
H. L. MORRISON
Minister of State for Science.
Amendment of the Trade Marks Regulations†
Commencement.
1. These Regulations shall come into operation on 1 February 1974.
Second Schedule.
2. The Second Schedule to the Trade Marks Regulations is repealed and the following Schedule substituted:—
“ Second Schedule Regulation 4
FEES
Item No. | Matter | Fees |
| | $ |
1. | On lodging application to register a trade mark or a series of trade marks | 12.00 |
2. | For registration of a trade mark or a series of trade marks.............. | 20.00 |
3. | On lodging application for the registration of a registered user........... | 12.00 |
| and where application is made at the same time for registration of the same registered user of more than one trade mark of the same proprietor subject to the same conditions and restrictions in each case—for each additional trade mark | 6.00 |
4. | On appearing at a hearing................................... | 12.00 |
5. | On lodging application under Section 127........................ | 6.00 |
6. | On lodging notice of opposition............................... | 20.00 |
7. | On application to lodge further evidence in opposition proceedings....... | 12.00 |
8. | On lodging request to the Registrar for statement of grounds upon which his decision has been made | 20.00 |
* Notified in the Australian Government Gazette on 19 December 1973.
† Statutory Rules 1958, No. 48, as amended by Statutory Rules 1961, No, 36.
Second Schedule—continued
Item No. | Mutter | Fees |
| | $ |
9. | On lodging application for entry in the Register under Section 20........ | 10.00 |
| and where applications are made in relation to more than one trade mark and the devolution of title is the same in respect of all the trade marks—for each additional trade mark | 5.00 |
10. | On lodging application under section 19, not being an application for the cancellation of the entry of a trade mark or for a change of address | 6.00 |
11. | On lodging application under section 21 to alter a trade mark........... | 12.00 |
| and where application is made at the same time to alter more than one trade mark of the same proprietor, the alteration in each case being the same—for each additional trade mark | 6.00 |
12. | On lodging application under sub-section (2) of section 36 section 75 or section 87 | 8.00 |
13. | On lodging application to Registrar under section 23................. | 15.00 |
14. | On lodging application under section 69 for renewal of a trade mark— | |
| for each registration...................................... | 30.00 |
15. | On lodging application for restoration under section 71............... | 30.00 |
16. | For entry in the Register of association of a trademark under sub-section (1) of section 36 | 2.00 |
17. | For certified copy of Certificate of Registration.................... | 3.00 |
18. | For certificate of Registrar under section 17....................... | 3.00 |
19. | For photographic copies of, or extracts from, the Register or other documents under section 17— | |
| (a) for the first sheet.................................... | 1.25 |
| (b) for each other sheet................................... | 0.25 |
20. | On lodging a block or electrotype of a trade mark which has a dimension exceeding 2 inches, for every inch or part of an inch by which the dimension exceeds 2 inches | 1.00 |
21. | On lodging application for extension of time—for each month or part of a month applied for | 5.00 |
22. | For issuing summons to a witness or summons to produce documents...... | 3.00 |
23. | For taxing costs......................................... | 3.00 ”. |
Overview
Statutory Rules 1973 No. 289, enacted under the Trade Marks Act 1955-1966, establishes regulations to refine and formalise the administration of trade marks in Australia. The regulations were introduced by the Governor-General of Australia, acting on the advice of the Executive Council, to streamline the processes and associated fees for various trade mark-related applications and proceedings. This legislative instrument aims to address gaps in the efficiency and clarity of the trade mark registration and management system, ensuring that the regulatory framework remains current and functional. The policy objective is to provide a transparent, structured, and accessible system for the registration, maintenance, and enforcement of trade marks, thereby protecting intellectual property rights and facilitating economic activity.
Scope and Application
The Trade Marks Regulations 1973, made under the Trade Marks Act 1955-1966, apply to all entities and individuals seeking to register, maintain, alter, or oppose trade marks in Australia. These regulations establish the fees and procedures for various applications and actions related to trade mark registration and management, such as the registration of a trade mark, the alteration of a registered trade mark, and the renewal of a trade mark registration. These regulations apply across the Commonwealth of Australia and are implemented to standardise and streamline the processes involved in trade mark administration. The regulations provide detailed fee structures for each type of application, ensuring transparency and consistency in the charges. Certain applications and proceedings are exempt from specific fees under the regulations, such as the application to lodge further evidence in opposition proceedings, which is free of charge. The scope of these regulations is further extended through subordinate instruments, allowing for the detailed specification of procedural and administrative requirements.
Key Provisions
These Regulations, which came into operation on 1 February 1974, detail the fees associated with various applications and processes under the Trade Marks Act 1955-1966, replacing and amending previous regulations. The fees are outlined in the Second Schedule of these Regulations (regulation 2). For instance, the fee for lodging an application to register a trade mark or a series of trade marks is $12.00 (item 1), while the fee for the registration itself is $20.00 (item 2). Other fees include $12.00 for appearing at a hearing (item 4) and $6.00 for lodging an application under Section 127 (item 5).
The obligations imposed by these Regulations include the payment of specified fees for each application or process related to trade marks. This includes applications to register trade marks, apply for renewals, alter trade marks, and more. The fees must be paid at the time of lodging the application or submitting the required documents, as outlined in the Second Schedule (regulation 2). Additionally, there are specific fees for additional trade marks where multiple applications are made simultaneously under the same conditions, as well as fees for certified copies, photographic copies, and extensions of time.
Breaching the requirements of these Regulations by failing to pay the specified fees or submitting incomplete or incorrect applications may result in administrative delays or refusals. However, the Regulations themselves do not explicitly outline offences, penalties, or consequences for non-compliance. Instead, such matters would be governed by the Trade Marks Act 1955-1966 and other relevant legislation, which may include administrative penalties, fines, or legal action for non-compliance with trade mark registration and related processes. The exact penalties would depend on the nature and severity of the breach, as well as any applicable laws and regulations.