EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 234
Issued by the Authority of the Minister for Science and Technology
The purpose of the amendments is to increase the fees prescribed in the Second Schedule to the Trade Marks Regulations with effect from 1 October 1982.
In arriving at the new scale of fees the Trade Marks Office has given full and proper consideration to all factors relevant to the fixation of fees. Trade Marks Office fees were last reviewed in 1980 and the existing scale has had effect from 1 November 1980. Current Government policy requires the Office to cover expenditure by receipts. Estimates for 1982/83 indicate that the proposed increase in fees will have this result in respect of the operation of the Board of Examiners of Patent Attorneys.
Consultations have taken place on the question of fees with the main interest groups, namely the Institute of Patent Attorneys of Australia and the Australian Manufacturers’ Patents, Industrial Designs, Copyright and Trade Mark Association.
Proposed fees are compared with the current fees in the attached table.
SECOND SCHEDULE
| ITEM/MATTER | PROPOSED FEE | CURRENT FEE |
| | $ | $ |
| | | |
1 | On lodging an application to register a trade mark or a series of trade marks | 60 | 45 |
2 | For registration of a trade mark or a series of trade marks | 100 | 80 |
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 trade mark or for change of address | 20 | 15 |
4 | On lodging notice of opposition.............. | 45 | 40 |
5 | On an application to lodge further evidence in opposition proceedings | (No change) | 25 |
6 | On appearing at a hearing or on lodging a request under regulation 76 | 55 | 50 |
7 | On lodging an application for restoration under section 71 of the Act | (No change) | 120 |
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 | (No change) | 200 |
9 | For entry in the Register of association of a trade mark under sub-section 36(1) of the Act | (No change) | 5 |
10 | For a certified copy of a certificate of registration.. | 25 | 20 |
| | | |
11 | For a certificate of the Registrar under sect 17 of the Act | 25 | 20 |
12 | For photographic copies of, or extracts from, the Register or other documents under section 17 of the Act - per document | (No change) | 3 |
13 | On lodging an application for an extension of a time specified in the Act or these Regulations within which an act or thing is to be done- | | |
| (i) for each month or part of a month for which the extension of time is applied for | 25 | 20 |
| (ii) if lodged after the expiration of the time to be extended, the amount payable under paragraph (i) plus an amount of | 45 | 40 |
14 | For taxing costs........................... | 25 | 20 |
Overview
The Statutory Rules 1982 No. 234, issued under the authority of the Minister for Science and Technology, is an amendment to the Trade Marks Regulations 1980. This legislation was enacted to address the need to increase the fees prescribed in the Trade Marks Regulations, effective from 1 October 1982, to ensure that the Trade Marks Office could cover its expenditure through its receipts. The amendments follow a policy that requires the Trade Marks Office to cover its costs and follow a comprehensive review of fees last conducted in 1980. This legislative update was made in consultation with relevant interest groups, including the Institute of Patent Attorneys of Australia and the Australian Manufacturers’ Patents, Industrial Designs, Copyright and Trade Mark Association, to consider factors relevant to the fixation of fees.
Scope and Application
The Trade Marks Regulations Amendment (Fees) Regulations 2004, as outlined in the Explanatory Statement, apply to all entities and individuals seeking to register, amend, or maintain trade marks in Australia. These amendments to the Trade Marks Regulations, particularly in the Second Schedule, affect the financial obligations of applicants and stakeholders in the trade mark registration process by increasing the prescribed fees. The amendments are applicable nationally, extending their reach across all states and territories of Australia, as they pertain to a Commonwealth regulation. The new fee schedule is effective from 1 October 1982, and the adjustments aim to align the Trade Marks Office's financial requirements with the current governmental policy of self-sufficiency in funding through fee receipts. The Trade Marks Office has engaged with relevant interest groups such as the Institute of Patent Attorneys of Australia and the Australian Manufacturers’ Patents, Industrial Designs, Copyright and Trade Mark Association to ensure the proposed fees are reasonable and reflective of the costs involved in processing applications and maintaining the trade mark registry. The amendments do not exclude any specific groups or entities and apply uniformly across all trade mark-related applications, thereby affecting a broad range of industries and individuals involved in the registration and management of trade marks within Australia.
Key Provisions
The main operative sections of this statutory rule pertain to the adjustment of fees for various trade mark-related applications and services provided by the Trade Marks Office. Section 1 outlines the new fees for lodging an application to register a trade mark or series of trade marks, increasing from $45 to $60. Section 2 specifies that the fee for the registration of a trade mark or a series of trade marks is to be raised from $80 to $100. The fee for lodging an application under various sections of the Trade Marks Act, excluding cancellation or change of address applications, is set at $20, up from $15 (Section 3). Further, the fee for lodging a notice of opposition is increased from $40 to $45 (Section 4), while the fee for appearing at a hearing or lodging a request under specific regulations remains at $55 (Section 6). Additionally, the fee for lodging an application for restoration under section 71 of the Act is set at $120, and the fee for renewal of the registration of a trade mark is $200 for each registration (Sections 7 and 8, respectively).
These amendments impose certain obligations on the entities governed by the Trade Marks Regulations. Firstly, the Trade Marks Office is mandated to collect the newly prescribed fees for various applications and services as per the updated schedule. This includes fees for lodging applications, notices of opposition, requests for extensions of time, and other related services. Secondly, the Trade Marks Office must ensure that all fee adjustments are implemented effectively and that all relevant stakeholders are informed of the changes. This includes communicating with the Institute of Patent Attorneys of Australia and the Australian Manufacturers’ Patents, Industrial Designs, Copyright and Trade Mark Association, as has been done in this case.
In terms of consequences for non-compliance, the statutory rule does not explicitly outline criminal or civil penalties for breaching the fee provisions. However, failure to adhere to the new fee schedule or non-payment of the prescribed fees could result in the Trade Marks Office denying service or processing of applications. This could potentially lead to delays or complications for applicants and registrants, which in turn may have indirect consequences for businesses relying on the timely registration and protection of their trade marks.