EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 255
Issued by the Authority of the Minister for Science and Technology
The purpose of the amendments is to vary certain of the fees prescribed in the Second Schedule to the Trade Marks Regulations with effect from 1 October 1984. Details of the proposed amendments are set out below.
Regulation 1 sets a date of commencement of 1st October 1984.
Regulation 2 sets out a proposed new schedule of fees intended to replace the existing Second Schedule. Item 1 introduces a new lower fee for subsequent applications to register the same trade mark lodged on the same day. The expression of items 2 and 4 is amended to more closely accord with the intention of the Act and Regulations. Items 1, 2, 3, 4, 8, 9, 10, 11, 12 and 13 differ from existing items in the level of fees.
Regulation 3 is a transitional provision.
In arriving at the new scales of fees, the Trade Marks Office has given full consideration to all factors relevant to the fixation of fees. Trade Marks Office fees were last reviewed in 1982 and the existing scales have had effect since 1st October 1982. Current Government policy requires the Office to fully recover expenditure from receipts. Estimates for 1984/85 indicate that the proposed variation of fees will have that result.
Consultations have taken place on the question of full cost recovery and 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. They have indicated their agreement with the proposed fee changes.
Proposed and current fees under the amended items are shown in the attached table.
TRADE MARK REGULATIONS
SECOND SCHEDULE
FEES
ITEM MATTER | EXISTING FEE | PROPOSED FEE | |
|
| $ | $ |
1 | On lodging an application to register a trade mark or series of trade marks | 60 | 100 |
|
| together with $60 for each identical Trade Mark lodged on the same day in other classes | |
2 | For registration of a trade mark or series of trade marks. | 100 | 160 |
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 | 30 |
4 | On lodging notice of opposition................ | 45 | 60 |
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 | 200 | 325 |
9 | For entry in the register of association of a trade mark under sub-section 36(1) of the Act | 5 | 10 |
10 | For a certified copy of a certificate of registration..... | 25 | 50 |
11 | For a certification of the Registrar under section 17 of the Act | 25 | 50 |
12 | For photographic copies of, or extracts from, the Register or other documents under section 17 of the Act - per document | 3 | 10 |
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 | 30 |