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 |
Overview
The Trade Marks Regulations 1984 were enacted to establish the administrative framework for the registration, maintenance, and renewal of trade marks in Australia. This legislation was introduced to address the need for a comprehensive regulatory system that aligns with the Trade Marks Act 1955, ensuring that the registration process is efficient and the associated fees reflect the operational costs of the Trade Marks Office. The Trade Marks Regulations 1984 were authorised by the Parliament of Australia and are issued under the authority of the Minister for Science and Technology. The policy objective behind the amendments was to adjust the fees to ensure full cost recovery, which is in line with the current government policy mandating that the Trade Marks Office fully recover its expenditures from receipts. The consultation with key interest groups, such as the Institute of Patent Attorneys of Australia and the Australian Manufacturers’ Patents, Industrial Designs, Copyright and Trade Mark Association, confirmed their agreement with the proposed fee changes.
Scope and Application
The Trade Marks Regulations, as amended by Statutory Rules 1984 No. 255, apply to all entities and individuals who lodge applications for trade mark registration, renewal, opposition, or any other related processes under the Trade Marks Act. The scope of the Act is national, affecting all jurisdictions within Australia. The amendments primarily concern the fees associated with various trade mark-related applications and services, including the application for registration, renewal, opposition, and certification of trade marks. The changes in fees are effective from 1 October 1984 and are designed to align with the government's policy of full cost recovery by the Trade Marks Office. Transitional provisions are also included to manage the changeover from the old fee schedule to the new one. Notably, these amendments do not alter the substantive rights or obligations under the Trade Marks Act but focus exclusively on the financial aspects of trade mark-related procedures.
Key Provisions
The Trade Marks Regulations 1984 (No. 255) are set to undergo amendments, particularly focusing on the fees prescribed in the Second Schedule (Regulation 2). Effective from 1 October 1984, these amendments introduce a new schedule of fees (Regulation 1). The key changes include a lower fee for subsequent applications to register the same trade mark lodged on the same day (Item 1), adjustments in the fees for registration of a trade mark or series of trade marks (Item 2), and various other changes in fees for different services such as lodging an application for cancellation, lodging notice of opposition, and renewal of registration (Items 3, 4, 8). These modifications aim to align the fee structure more closely with the Trade Marks Act and Regulations.
The amendments impose specific obligations on the parties involved, particularly those interacting with the Trade Marks Office. The new fee schedule (Regulation 2) sets forth the charges for various services, including the registration of trade marks, opposition notices, and renewals. The transitional provision in Regulation 3 ensures that the new fee structure is applied appropriately as of the commencement date. These obligations require compliance with the new fee amounts as outlined in the Second Schedule.
Violations of the new fee structure, such as submitting incorrect fees for services, may result in civil or administrative penalties. While the specific penalties are not detailed in the explanatory statement, it is implied that failure to adhere to the prescribed fees could lead to financial repercussions. The Trade Marks Office, having consulted with key stakeholders, has determined that the proposed fee changes are in line with the goal of full cost recovery, which underscores the importance of compliance.
The amendments are designed to ensure that the Trade Marks Office can fully recover its expenditures from the fees collected. Given that the fees were last reviewed in 1982 and have been in effect since then, the current policy mandates that the Office fully recovers its costs through the fees charged. The new fee structure aims to achieve this objective by adjusting the charges to reflect the current economic conditions and operational costs. The agreement from interest groups such as the Institute of Patent Attorneys of Australia and the Australian Manufacturers’ Patents, Industrial Designs, Copyright and Trade Mark Association further validates the necessity and appropriateness of these changes.
In conclusion, the Trade Marks Regulations 1984 (No. 255) amendments introduce a new fee schedule aimed at aligning the charges more closely with the Trade Marks Act and Regulations. These amendments impose specific obligations on the parties to comply with the new fees for various services. While the specific penalties for non-compliance are not detailed, the importance of adhering to the prescribed fees is highlighted. The changes are intended to ensure that the Trade Marks Office can fully recover its expenditures from the fees collected, reflecting current economic conditions and operational costs.