أستراليا

Statutory Rules 1997 No. 3461 __________________

Trade Marks Regulations 2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Trade Marks Act 1995.

Dated 8 December 1997.

WILLIAM DEANE Governor-General

By His Excellency’s Command,

J. MOORE Minister for Industry, Science and Tourism

____________

1. Commencement

1.1 Regulations 5 and 6 commence on 1 January 1998.

1.2 Regulations 3 and 4 commence on 1 February 1998.

[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s 48.]

2. Amendment

2.1 The Trade Marks Regulations are amended as set out in these Regulations.

3. Application

3.1 The amendment of regulation 4.5 of the Trade Marks Regulations by regulation 4 of these Regulations applies only to an application filed on or after 1 February 1998.

4. Regulation 4.5 (Period for claiming priority for an application)

4.1 Omit “6 months”, substitute “2 working days”.

2

5. Regulation 22.2 (Fees payable in relation to certain matters)

5.1 Subregulations 22.2 (3) and (4): Omit the subregulations.

6. Schedule 9 (Fees)

6.1 Omit the Schedule, substitute:

SCHEDULE 9 Regulation 21.21

FEES

Column 1

Item

Column 2

Matter

Column 3

Fee

1 Filing an application to register a trade mark under subsection 27 (5) of the Act in respect of goods or services in 1 or more of the prescribed classes

$150 for each class

2 Filing a divisional application under subsection 45 (1) $150 for each class

3 Filing an application to register 2 or more trade marks as a series under section 51 of the Act

$200

4 Request for amendment under section 64 or 65 of the Act to include an additional prescribed class of goods or services in an application

$150 for each class

5 Filing an application for an extension of period or time under subregulation 4.12 (3) or regulation 5.2, 5.15 or 21.25: (a) for each month or part of a month for which the

extension is sought (b) additional fee if the application or request is filed after

the end of the period or time to be extended

$65

$85

6 Filing a notice of opposition under section 52 or 96 or subsection 224 (6) of the Act

$250

7 Filing an application for permission to serve a copy of further evidence in opposition proceedings under paragraph 5.15 (1) (b)

$100

8 Single registration of a trade mark under section 68 of the Act: (a) in respect of goods or services in a single prescribed

class (b) in respect of goods or services in more

than 1 prescribed class

$300

$300 plus $260 for each additional class

3

Column 1

Item

Column 2

Matter

Column 3

Fee

9 Renewal of a single registration of a trade mark under section 75 of the Act:

(a) in respect of goods or services in a single prescribed class

(b) in respect of goods or services in more than 1 prescribed class

(c) as a result of a request made within 12 months after the expiry date to which section 79 of the Act refers

$500

$500 plus $150 for each additional class

in addition to any fee in relation to paragraph (a) or (b)—$65 for each class and for each month, or part of a month, after the expiry date

10 Filing an application for removal of a trade mark from the Register for non-use under section 92 of the Act

$150

11 Request for a hearing: (a) under regulation 5.14 or 9.4 to determine an

opposition (b) in relation to any other matter

$500

$300

12 Attendance at a hearing

(a) under regulation 5.14 or 9.4 to determine an opposition

(b) in relation to any other matter

$500 less any amount paid under item 11 in relation to the hearing

$300 less any amount paid under item 11 in relation to the hearing

13 Request for a decision under subregulation 21.16 (2) $300

14 Taxation of costs under regulation 21.13 $65

15 Supply of a certificate signed by the Registrar under section 211 of the Act

$15 for each certificate

16 Supply of a copy of an extract from the Register or another document

$10

17 Supply of a copy of a document for which a search is required

$65

4

Column 1

Item

Column 2

Matter

Column 3

Fee

18 Filing an application for linked applications to be considered as a single application under subsection 243 (3) of the Act

$100

7. Schedule 10 (Convention Countries)

7.1 Omit the Schedule, substitute:

SCHEDULE 10 Regulation 21.29

CONVENTION COUNTRIES Albania Algeria Angola Antigua and Barbuda Argentina Armenia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bolivia Bosnia and Herzogovina Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cameroon Canada Central African Republic Chad Chile China Colombia Congo Costa Rica Côte d’Ivoire Croatia Cuba

Cyprus Czech Republic Democratic Republic of the Congo Denmark (including Faroe Islands) Djibouti Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Estonia Fiji Finland France (including all Overseas Departments and

Territories) Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Holy See Honduras Hong Kong, China Hungary Iceland India Indonesia Iran, Islamic Republic of

Iraq Poland

5

Ireland Israel Italy Jamaica Japan Jordan Kazakhstan Kenya Korea, Democratic People’s Republic of Korea, Republic of Kuwait Kyrgyzstan Latvia Lebanon Lesotho Liberia Libyan Arab Jamahiriya Liechtenstein Lithuania Luxembourg Macau Madagascar Malawi Malaysia Maldives Mali Malta Mauritania Mauritius Mexico Moldova Monaco Mongolia Morocco Mozambique Myanmar Namibia Netherlands (including the Netherlands Antilles

and Aruba) New Zealand (excluding the Cook Islands, Niue

and Tokelau) Nicaragua Niger Nigeria Norway Pakistan Panama Papua New Guinea Paraguay Peru Philippines

Portugal Qatar Romania Russian Federation Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines San Marino Senegal Sierra Leone Singapore Slovak Republic Slovenia Solomon Islands South Africa Spain Sri Lanka Sudan Surinam Swaziland Sweden Switzerland Syrian Arab Republic Taiwan Tajikistan Tanzania Thailand The former Yugoslav Republic of Macedonia Togo Trinidad and Tobago Tunisia Turkey Turkmenistan Uganda Ukraine United Arab Emirates United Kingdom (including the Isle of Man) United Republic of Tanzania United States of America (including all territories

and possessions, including the Commonwealth of Puerto Rico)

Uruguay Uzbekistan Venezuela Viet Nam Yugoslavia Zambia Zimbabwe

6

NOTES

1. Notified in the Commonwealth of Australia Gazette on 9 December 1997.

2. Statutory Rules 1995 No. 341 as amended by 1996 Nos. 3, 184 and 272.