Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person proposing to submit an application under Part 4 of the Act (a requester ) may submit a request for filing assistance (an AFS request ) under this Part.
(2) An AFS request must:
(a) be supported by such material and attachments as required by the Registrar having regard to the requirements of Part 4 of the Act in relation to an application for registration; and
(b) be accompanied by the fee prescribed for the AFS request.
(3) An AFS request:
(a) must be submitted in a manner required by the Registrar; and
(b) must contain the name of the requester; and
(c) must contain contact details that includes the business or residential address and a telephone number for the requester, and:
(i) the fax number of the requester; or
(ii) the email address of the requester; and
(d) must include a representation of the trade mark that is sufficient to identify the trade mark; and
(e) must specify the goods and/or services in relation to which the request is made; and
(f) must not relate to a matter published by the Registrar on the IP Australia website to be a matter for which an AFS request is not available; and
(g) if the AFS request relates to a matter for which the Registrar has published conditions on the IP Australia website--must comply with the conditions.
(4) If the fee mentioned in paragraph (2)(b) remains unpaid 5 working days after an AFS request is submitted, the AFS request is incomplete and is taken not to have been submitted.
(5) A requester may amend an AFS request before it is assessed by the Registrar by advising the Registrar of the details of the amendments and providing:
(a) any material to be added to the AFS request; and
(b) any other document required by the Registrar in relation to the amendment; and
(c) any fee prescribed in relation to the amendment.
(6) For the fee prescribed for an amendment mentioned in paragraph (5)(c), the Registrar may:
(a) decide to waive the fee; or
(b) decide not to waive the fee, and require that payment of the fee be made within the period of 5 working days after that decision.
(7) The Registrar must amend the AFS request on receipt of an amendment:
(a) that complies with subregulation (5); and
(b) in respect of which the fee, if any, has been paid.