Commonwealth Numbered Regulations - Explanatory Statements

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TRADE MARKS AMENDMENT REGULATIONS 1998 (NO. 2) 1998 NO. 265

STATUTORY RULES 1998 NO. 265

Issued by the Authority of the Minister for Industry, Science and Tourism

Trade Marks Act 1995

Trade Marks Amendment Regulations 1998

The Statutory Rules amend the Trade Marks Regulations 1995 (the Regulations) to amend the fees payable to IP Australia from 1 November 1998. In addition, the Statutory Rules amend the Regulations to clarify the applicability of the new fee structure in certain circumstances.

Details of the amendments made by these Statutory Rules are as follows:

Regulation 1 identifies the Statutory Rules as the Trade Marks Amendment Regulations 1998.

Regulation 2 specifies that regulation 5 commences on 1 November 1998. The remainder of the regulations commence on gazettal.

Regulation 3 identifies the Trade Marks Regulations 1995 as those amended.

Regulation 4 inserts new subregulations 21.21 (2), (3) and (4). These regulations clarify the applicability of the new fee structure in certain situations.

Regulation 5 amends Schedule 9 to the Regulations to reduce:

*       the fee for renewal of a trade mark registration in respect of goods or services in a single prescribed class from $500 to $300;

*       the fee for renewal of a trade mark registration in respect of goods or services in more than one prescribed class from $500 plus $150 for each additional class to $300 plus $150 for each additional class.

The changes to the fee structure arise from continuing improvements in productivity putting IP Australia in a position to pass the benefit of cost saving on to its clients. The changes have been structured to achieve a reduction in the overall cost of trade mark registration for customers.