Statutory Rules
1975 No. 202
REGULATIONS UNDER THE TRADE MARKS ACT 1955-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Trade Marks Act 1955-1973.
Dated this twenty-third day of October, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
KEP. ENDERBY
Attorney-General.
Amendments of the Trade Marks Regulations†
First Schedule.
1. The First Schedule to the Trade Marks Regulations is amended by omitting from the heading of each of Forms 1 to 16 (inclusive) the words “ Commonwealth of ”
Second Schedule.
2. The Second Schedule to the Trade Marks Regulations is amended by omitting item 20 and substituting the following item:—
“ 20. | On lodging a block or electrotype of a trade mark being a block or electrotype the greatest dimension of which exceeds 5 centimetres—for every centimetre or part of a centimetre by which that greatest dimension exceeds 5 centimetres | 0.40 ”. |
Third Schedule.
3. The Third Schedule to the Trade Marks Regulations is amended as set out in the Schedule to these Regulations.
SCHEDULE Regulation 3
Provision amended | Omit— | Insert— |
Item 1 | one inch ................................... | 25 millimetres |
Item 2 | thirteen inches by eight inches .................... | foolscap folio size (337 millimetres by 206 millimetres) or International Standards Organisation size A4 (297 millimetres by 210 millimetres) |
Item 4 | two inches ................................. | 50 millimetres |
Notified in the Australian Government Gazette on 4 November 1975.
Statutory Rules 1958, No. 48, as amended by Statutory Rules 1961, No. 36; and 1973, No. 289.
SCHEDULE Regulation 2
Provision amended | Omit— | Insert— |
Item 3 in Part II............. | thirteen inches by eight inches | 337 millimetres by 206 millimetres |
Item 3 in Part II............. | two hundred and ninety-seven millimetres by two hundred and ten millimetres | 297 millimetres by 210 millimetres |
Item 4 in Part II............. | nine and seven-eighths inches in depth by six and one-quarter inches in width | 250 millimetres in depth by 160 millimetres in width |
Item 5 in Part II............. | one inch | 25 millimetres |
Item 5 in Part II............. | three-quarters of an inch | 20 millimetres |
Item 5 in Part II............. | one and one-half inches | 35 millimetres, |
Item 6 in Part III............ | thirteen inches by eight inches | 337 millimetres by 206 millimetres |
Item 6 in Part III............ | two hundred and ninety-seven millimetres by two hundred and ten millimetres | 297 millimetres by 210 millimetres |
Item 7 in Part III............ | nine and seven-eighths inches in depth by six and one-quarter inches in width | 250 millimetres in depth by 160 millimetres in width |
Item 8 in Part III............ | one inch | 25 millimetres |
Item 8 in Part III............ | three-quarters of an inch | 20 millimetres |
Item 8 in Part III............ | one and one-half inches | 35 millimetres |
Item 11 in Part III........... | thirty to the inch | 30 to every 25 millimetres |
Item 14 in Part III........... | one-eighth of an inch | 3 millimetres |
Overview
Statutory Rules 1975 No. 202, made under the Trade Marks Act 1955-1973, was introduced to address the need for updating and standardising the Trade Marks Regulations, ensuring consistency and clarity in the administration of trademarks in Australia. These regulations, enacted by the Governor-General on the advice of the Executive Council, were designed to modernise the trade marks regulatory framework, including updating measurement standards and fees associated with lodging trade marks. The policy objective behind these amendments was to streamline and standardise the trade mark application process, making it more efficient and reflective of contemporary practices. The regulations were notified in the Australian Government Gazette on 4 November 1975, and they amended previous rules set out in Statutory Rules 1958, No. 48, and further modified by Statutory Rules 1961, No. 36; and 1973, No. 289.
Scope and Application
The Trade Marks Regulations 1975, made under the Trade Marks Act 1955-1973, govern the procedures and requirements for trade mark applications, including the lodging of blocks or electrotypes of trade marks, the size and format of documents, and other administrative details. These regulations apply to any person or entity seeking to register a trade mark in Australia, thus encompassing a wide range of industries and conduct related to trade mark registration and use. The regulations extend across the Commonwealth of Australia, ensuring a unified approach to trade mark regulation. However, certain amendments exclude specific forms and measurement conversions from the headings of certain forms, and modify fees and dimensional standards. Additionally, the application and interpretation of these regulations can be further detailed or refined through subordinate instruments, which may introduce or modify specific provisions or thresholds not explicitly detailed in the primary regulations.
Key Provisions
The Trade Marks Regulations, under the Trade Marks Act 1955-1973, were amended by Statutory Rules 1975 No. 202. These regulations primarily modify the existing Trade Marks Regulations to update measurement conversions and certain administrative details regarding the registration and documentation of trade marks. The amendments made by these regulations are largely technical, focusing on updating the language of the forms and schedules to reflect modern metric standards.
These regulations impose specific requirements on entities seeking to register trade marks in Australia. For instance, they mandate that any physical representation of a trade mark, such as a block or electrotype, must adhere to specified size limitations. In particular, if the greatest dimension of a block or electrotype exceeds 5 centimetres, an additional fee is applicable for each centimetre or part of a centimetre that it exceeds this limit (Regulation 2). Furthermore, these regulations require that all trade marks be lodged in certain sizes, with specific conversions provided for measurements in inches to millimetres. This includes the dimensions of documents and the physical representations of the trade marks themselves.
Failure to comply with these regulations can result in several consequences. While the specific regulations do not outline explicit criminal or civil penalties for non-compliance, non-compliance with trade mark registration requirements can potentially lead to invalidity or cancellation of a trade mark. This could result in significant legal and financial repercussions for the entity involved, including the potential loss of exclusive rights to the trade mark. Additionally, the failure to adhere to the specified fees and requirements could lead to administrative penalties or delays in the registration process.
These regulations ensure that trade mark applications are processed uniformly and accurately, reflecting contemporary measurement standards. They impose clear and specific requirements on those seeking to register trade marks, with an emphasis on maintaining consistency and clarity in the documentation and physical representations of trade marks. By doing so, they help to uphold the integrity of the trade mark registration process in Australia, ensuring that all applicants are treated fairly and that the rights conferred by trade mark registration are protected effectively.