Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

TRADE MARKS AMENDMENT REGULATIONS 1998 (NO. 3) 1998 NO. 343

STATUTORY RULES 1998 NO. 343

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

Trade Marks Act 1995

Trade Marks Amendment Regulations 1998 (No. 3)

The Statutory Rules amend the Trade Marks Regulations 1995 (the Regulations) to:

*        enable the Trade Marks Office to accept applications filed by electronic means;

*        remove the requirement for fees payable to the Registrar of Trade Marks to be paid at the Trade Marks Office or at a sub-office of the Trade Marks Office;

*       remove the requirement that applications, notices and requests filed with the Trade Marks Office be signed;

*       amend Schedule 7 to the Regulations to simplify the requirements with which documents filed with the Trade Marks Office must comply; and

*        amend Schedule 10 to the Regulations to update the list of Convention countries.

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 (No. 3).

Regulation 2 specifies that the Statutory Rules are to commence on gazettal.

Regulation 3 specifies that Schedule 1 amends the Regulations.

Item 1 of Schedule 1 replaces existing subregulations 21.2 (3) and (4) of the Regulations with new subregulations 21.2 (3), (4) and (5). New subregulation 21.2(3) provides that a document may be filed by electronic means, new subregulation 21.2(4) enables the Registrar request an applicant to file the original of any document that has been filed by electronic means and new subregulation 21.2(5) enables the Registrar to request an applicant to file a printed version of a document filed by electronic means.

Item 2 of Schedule 1 omits subregulation 21.3(4) of the Regulations. This subregulation provided that applications, notices or requests filed with the Trade Marks Office be signed and dated. The Office no longer requires that all applications, notices and requests be signed and dated.

Item 3 of Schedule 1 omits the requirement for fees payable to the Registrar of Trade Marks to be paid at the Trade Marks Office or at a sub-office of the Trade Marks Office. Removal of this requirement will enable the Office to implement modem methods of fee payment.

Item 4 of Schedule 1 substitutes a new heading for Schedule 7 to the Regulations.

Item 5 of Schedule 1 amends item 1 to Schedule 7 to the Regulations to replace an incorrect reference to regulation 22.18 with the correct reference to regulation 21.18.

Item 6 of Schedule 1 amends Schedule 7 to the Regulations to substitute a new item 2.

Item 7 of Schedule 1 amends Schedule 7 to the Regulations to omit item 3.

Item 8 of Schedule 1 amends Schedule 7 to the Regulations to substitute a new item 4.

Item 9 of Schedule 1 amends Schedule 10 to the Regulations to omit items 5, 6 and 7.

Item 10 of Schedule 1 amends Schedule 10 to the Regulations to include the Kingdom of Cambodia as a Convention country for the purposes of the Act.

Item 11 of Schedule 1 amends Schedule 10 to the Regulations to include the Lao People's Democratic Republic as a Convention country for the purposes of the Act.