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TRADE MARKS REGULATIONS 1995 - SCHEDULE 9

Fees

Note:   See regulation   21.21.

 

1   Table of fees

  (1)   The following table sets out fees that are payable in relation to matters specified in the table.

 

Item

Matter

Fee

1

Filing an application to register a trade mark under subsection   27(5) or 45(1) of the Act in respect of goods or services in one or more of the classes provided for by subregulation   3.1(1) (not including submission of an AFS request as an application as mentioned in paragraph   3A.5(1)(b) of these Regulations):

 

 

(a) by preferred means:

 

 

(i) if the goods or services are specified in the application by using the official goods and services pick list;

$250 for each class

 

(ii) otherwise;

$400 for each class

 

(b) by another means

$450 for each class

2

Filing an application to register 2 or more trade marks, in respect of goods or services in one or more of the classes provided for by subregulation   3.1(1), as a series under section   51 of the Act:

 

 

(a) by preferred means:

 

 

(i) if the goods or services are specified in the application by using the official goods and services pick list;

$400 for each class

 

(ii) otherwise;

$550 for each class

 

(b) by another means

$600 for each class

4

Requesting an amendment under section   64, 65 or 65A of the Act to include an additional prescribed class of goods or services in an application:

 

 

(a) application under section   51 for a series of trade marks;

$600 for each class

 

(b) any other case

$450 for each class

5

Filing an application for an extension of a period under subregulation   4.12(3) or regulation   17A.20

 

$100 for each month or part of a month for which the extension is sought

5A

Filing an application under subsection   224(2) of the Act:

 

 

(a) for an extension of time on a ground specified in paragraph   224(2)(a) of the Act; or

$100 for each month or part of a month for which the extension is sought

 

(b) for an extension of time on a ground specified in paragraph   224(2)(b) of the Act

$100

5B

Filing an application under subsection   224(3) of the Act for an extension of time on a ground specified in paragraph   224(3)(b) of the Act

$100 for each month or part of a month for which the extension is sought

6

Filing an application for an extension under regulation   5.9, 5.13A, 5.15, 9.11, 9.15A, 9.18, 17A.34C, 17A.34HA, 17A.34K, 17A.48L, 17A.48QA or 17A.48T

$150 for each month or part of a month for which the extension is sought

7

Filing a notice of intention to oppose the registration of a trade mark, as mentioned in regulation   5.6

$250

7A

Filing a statement of grounds and particulars under regulation   5.7 or 17A.34A

The sum of:

(a) $250 for each ground covered by subclause   (2) that is set out in the statement after the third such ground; and

(b) $250 for each trade mark covered by subclause   (3) in relation to the statement after the tenth such trade mark

7B

Request for an amendment of a filed statement of grounds and particulars under regulation   5.12 or 17A.34G

The sum of:

(a) $250 for each ground that would be covered by subclause   (2) if the amendment were made after the third such ground; and

(b) $250 for each trade mark that would be a trade mark covered by subclause   (3) in relation to the statement if the amendment were made after the tenth such trade mark;

less any amounts previously paid under either this item or item   7A in relation to the statement (to a minimum of $0)

8

Filing a notice of opposition to the granting of a request for the amendment of an application for registration of a trade mark, as mentioned in regulation   6.6

$250

9

Filing a notice of opposition to the granting of a request for an amendment in relation to a registered trade mark, as mentioned in regulation   8.4

$250

9A

Filing a notice of intention to oppose an extension of protection in Australia to a trade mark that is the subject of an IRDA, as mentioned in regulation   17A.33

$250

9B

Filing a notice of opposition to an extension of time for more than 3 months, as mentioned in regulation   21.20B

$250

9C

Filing a document purported to be evidence mentioned in regulation   5.14, 9.16, 17A.34J or 17A.48R after the end of the period for filing that evidence (including that period as extended under regulation   5.15, 9.18, 17A.34K or 17A.48T, if applicable)

$500

10

Renewal of a single registration of a trade mark under section   75 of the Act in respect of goods or services in 1 or more of the prescribed classes:

 

 

(a) fee paid by preferred means;

$400 for each class

 

(b) fee paid by another means

$450 for each class

 

and, in addition, if the request for renewal is made within 6 months after the expiry date to which section   79 of the Act refers

$100 for each month, or part of a month, after the expiry date

11

Each potential renewal period requested by a person under section   80D of the Act in respect of goods or services in one or more of the prescribed classes:

 

 

(a) fee paid by preferred means;

$400 for each class

 

(b) fee paid by another means

$450 for each class

12

Each potential renewal period requested by a person under paragraph   80G(1)(b) of the Act in respect of goods and services in one or more of the prescribed classes:

 

 

(a) fee paid by preferred means;

$400 for each class

 

(b) fee paid by another means;

$450 for each class

 

and, in addition, if the request for renewal is made within 6 months after the end of the prescribed period, regardless of the number of potential renewal periods requested

$100 for each month, or part of a month, after the end of the prescribed period

13

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

$350

13A

Filing an application for cessation of protection for non - use under Subdivision D of Division   5 of Part   17A

$350

15

Being heard by the Registrar:

 

 

(a) for an oral hearing;

$700 for each day, or part of a day, of the hearing

 

(b) for a hearing by means of written submissions only

$500

16

The Registrar making a decision in proceedings before the Registrar, if no party to the proceedings has:

(a) filed a request for a hearing; or

(b) been heard by the Registrar

$400

21

Request for not more than 3 documents relating to a single trade mark application, a single trade mark registration or a single AFS request

$50 for each document

22

Request for 4 or more documents relating to a single trade mark application, a single trade mark registration or a single AFS request

$200 for each request

23

If a request is made for documents as mentioned in item   21 or 22--request that the documents be supplied by means of expedited dispatch

$20 for each request for documents

25

Applying for admission to sit for an examination conducted by the Board

$400

26

Applying for a grant of a supplementary examination conducted by the Board

$200

27

A report of reasons for failure of an examination conducted by the Board

$200

28

Applying for registration as a trade marks attorney

$250

29

Annual registration of a trade marks attorney

$450

30

Annual registration fee payable for combined registration as a trade marks attorney and patent attorney

$650

31

Applying to be restored to the Register, as authorised by regulation   20.14

$350

32

Submitting an AFS request under regulation   3A.3

Note:   After:

(a)   an AFS request has been submitted under regulation   3A.3 and the fee specified in this item has been paid; and

(b)   the AFS request has been assessed under regulation   3A.4;

  the AFS request may be submitted under paragraph   3A.5(1)(b) as an application for registration under Part   4 of the Act, by payment of the fee specified in item   35 of this table.

$200 for each class of goods or services to which the AFS request relates

33

Amending an AFS request under subregulation   3A.3(5) for the purpose of adding one or more classes of goods or services

$200 for each additional class

34

Amending an AFS request under regulation   3A.5:

 

 

(a) if the amendment is for the purpose of adding one or more classes of goods or services and paragraph   (c) does not apply;

$200 for each additional class

 

(b) if the amendment is to significantly change the graphical representation of the trade mark and paragraph   (c) does not apply;

$150 for each class of goods or services to which the AFS request relates

 

(c) if the amendment is both:

(i) for the purpose of adding one or more classes of goods or services; and

(ii) to significantly change the graphical representation of the trade mark

The sum of

(a) $200 for each additional class; and

(b) $150 for each class of goods or services to which the AFS request relates, other than the additional classes

35

Submitting, as mentioned in paragraph   3A.5(1)(b), an AFS request as an application for registration of a trade mark in respect of goods or services in one or more of the classes provided for by subregulation   3.1(1)

$130 for each class

36

Applying for registration as an incorporated trade marks attorney

$350

37

Annual registration of an incorporated trade marks attorney

$450

38

Annual registration fee payable for combined registration as an incorporated trade marks attorney and an incorporated patent attorney

$650

39

Applying to be restored to the Register of Trade Marks Attorneys, as authorised by regulation   20A.22

$350

  (2)   For the purposes of items   7A and 7B of the table in subclause   (1), a ground set out in a statement of grounds and particulars is covered by this subclause if the ground is not:

  (a)   the ground in section   58A of the Act; or

  (b)   if the statement of grounds and particulars sets out both the ground in section   44 of the Act and the ground in regulation   4.15A--the ground in regulation   4.15A.

  (3)   For the purposes of items   7A and 7B of the table in subclause   (1), a trade mark is covered by this subclause in relation to a statement of grounds and particulars if the trade mark is either:

  (a)   if the statement of grounds and particulars is filed under regulation   5.7--a trade mark that the statement claims the applicant's trade mark is substantially identical with or deceptively similar to for the purposes of one or both of the grounds in section   44 of the Act and regulation   4.15A; or

  (b)   if the statement of grounds and particulars is filed under regulation   17A.34A--a trade mark that the statement claims the trade mark to which the IRDA relates is substantially identical with or deceptively similar to for the purpose of the ground in section   44 of the Act (as applied by regulation   17A.28).



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