EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 241
Issued by the Authority of the Minister of State for Industry, Technology and Commerce
The Statutory Rules amend the Trade Marks Regulations to make a new provision for the advertisement in the Official Journal of withdrawal of an application to register a trade mark application to under the purposes of section 40A of the Trade Marks Act 1955 (the Act) and to make minor amendments to the Schedules to the Regulations. Details of the amendments are as follows:
Regulation 1 provides for these Regulations to commence on 18 July 1990.
Regulation 2 cites the Trade Marks Regulations as the “Principal Regulations”.
Regulation 3 inserts new regulation 15A to provide for the advertisement in the Official Journal of the withdrawal of an application to register a trade mark under section 40A of the Act.
Regulation 4 amends the Schedules to the Trade Marks Regulations. Paragraphs (a), (b), (c), (d) and (g) make formal amendments to the Schedules omitting the heading “THE SCHEDULES” and substituting “SCHEDULE 1” for “FIRST SCHEDULE”, “SCHEDULE 3” for “THIRD SCHEDULE”, “SCHEDULE 4” for “FOURTH SCHEDULE”, and “SCHEDULE 5” for “FIFTH SCHEDULE”. Paragraphs (e) and (f), respectively, delete “forks and spoons” from item 8 of Schedule 4 and include “computers” in item 9 of Schedule 4.
Regulation 5 provides for further formal amendment of the Trade Marks Regulations consequential on the amendments made by regulation 4.
Overview
The Statutory Rules 1990 No. 241, issued under the authority of the Minister of State for Industry, Technology and Commerce, amend the Trade Marks Regulations 1995 to introduce a new provision for the advertisement in the Official Journal of the withdrawal of a trade mark application. This was done to provide greater transparency and clarity regarding the status of trade mark applications, in accordance with section 40A of the Trade Marks Act 1955. Additionally, the Regulations make minor amendments to the Schedules of the Trade Marks Regulations, including formal changes to the headings of the Schedules and the inclusion of "computers" in the list of goods in Schedule 4. The purpose of these amendments is to modernise and streamline the regulatory framework surrounding trade mark applications in Australia, ensuring it remains effective and relevant in the current technological landscape.
Scope and Application
The Statutory Rules 1990 No. 241, issued under the authority of the Minister of State for Industry, Technology and Commerce, amend the Trade Marks Regulations to introduce a new provision for the advertisement in the Official Journal of the withdrawal of a trade mark application, as per section 40A of the Trade Marks Act 1955. This amendment applies to any person or entity that has filed an application for the registration of a trade mark under the Trade Marks Act. The application of these Regulations is national, as they pertain to the Commonwealth of Australia and are enacted to support the overarching Trade Marks Act. The scope of the amendment is limited to the formal processes concerning the withdrawal of trade mark applications and does not alter the substantive rights or obligations of applicants or registrants. Additionally, the Regulations include minor amendments to the Schedules, such as the re-labelling of schedules and the inclusion of “computers” in the classification of goods, while omitting “forks and spoons” from another classification. These changes are intended to modernise and refine the regulatory framework governing trade mark applications in Australia.
Key Provisions
The Trade Marks Regulations 1990, as amended by Statutory Rules 1990 No. 241, introduce significant changes to the manner in which trade mark applications are handled under the Trade Marks Act 1955. One of the primary changes is the introduction of a new regulation 15A (Regulation 3), which mandates that any withdrawal of a trade mark application must be advertised in the Official Journal. This is pursuant to the requirements of section 40A of the Act, which allows for the voluntary withdrawal of an application by the applicant. By advertising the withdrawal, the Official Journal serves as a public record of the applicant’s decision to withdraw, ensuring transparency and informing the public of the status of the application.
The obligations placed on the applicants under this new provision are clear: upon deciding to withdraw an application, the applicant must notify the relevant authority and ensure that the withdrawal is advertised in the Official Journal. This not only formalises the withdrawal process but also provides a public account of the decision, maintaining the integrity of the trade mark registration process. Additionally, the Regulations (Regulation 4) amend the existing Schedules to the Trade Marks Regulations by re-titling and making minor content changes. For example, Schedule 4 now includes "computers" in item 9, reflecting the evolving nature of goods and services that trade marks may cover.
Furthermore, the Statutory Rules include consequential amendments to formalise the re-titling of the schedules (Regulation 5). This includes the removal of the heading “THE SCHEDULES” and the substitution of new titles such as “SCHEDULE 1” for “FIRST SCHEDULE”. These formal amendments ensure that the Regulations are internally consistent and reflect current nomenclature practices.
In terms of consequences for non-compliance, the Statutory Rules do not explicitly detail penalties or offences related to the new provisions. However, under the Trade Marks Act 1955, any failure to comply with the requirements of the Act, including the Regulations, could potentially lead to administrative penalties, fines, or other legal consequences. For instance, misleading or false information provided in trade mark applications is an offence under section 123 of the Act, with penalties that may include substantial fines and imprisonment. Therefore, while the Statutory Rules themselves do not specify new penalties, the broader legislative framework ensures that there are significant repercussions for non-compliance.