Commonwealth Consolidated Regulations

TRADE MARKS REGULATIONS 1995 - REG 3A.3

         (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 notified by the Registrar in the Official Journal 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 notified conditions in the Official Journal  -- 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.