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TRADE MARKS REGULATIONS 1995 - SCHEDULE 8 Costs, expenses and allowances

TRADE MARKS REGULATIONS 1995 - SCHEDULE 8

Costs, expenses and allowances

( subregulation   2 1.13(3))

Part   1 -- Costs

 

 

Item

Column 1

Matter

Column 2

Amount

1

Notice of intention to oppose

$200

2

Statement of grounds and particulars

$200

3

Receiving and perusing statement of grounds and particulars

$130

4

Notice of intention to defend

$200

5

Notice of opposition filed under sub regulation   6 .6(1) , 8.4(1) or 21.20B(1)

$200

6

Receiving and perusing a notice of opposition filed under sub regulation   6 .6(1) , 8.4(1) or 21.20B(1)

$130

7

Evidence in support

$700

8

Receiving and perusing evidence in support

$300

9

Evidence in answer

$700

10

Receiving and perusing evidence in answer

$210

11

Evidence in reply

$350

12

Receiving and perusing evidence in reply

$130

13

Preparation of cases for hearing

$525

14

Attendance at hearing by registered patent attorney, registered trade marks attorney or solicitor without counsel

$260 an hour, but not more than $1,170 a day

15

Attendance at hearing by registered patent attorney, registered trade marks attorney or solicitor instructing counsel

$200 an hour, but not more than $900 a day

16

Counsel fees for attendance at a hearing

$300 an hour, but not more than $1,350 a day

Part   2 -- Expenses and allowances

Division   1 -- Expenses

1.     A person who has paid a fee prescribed in these regulations in relation to proceedings before the Registrar may be paid the amount of the fee.

2.     A person attending proceedings before the Registrar must be paid:

  (a)   a reasonable amount for allowances for transport between the usual place of residence of the person and the place that he or she attends for that purpose; and

  (b)   if the person is required to be absent overnight from his or her usual place of residence -- a reasonable amount for allowances up to a daily maximum of $700 for meals and accommodation.

Division   2 -- Allowances

3.     A person who, because of his or her professional, scientific or other special skill or knowledge, is summoned to appear as a witness before the Registrar must be paid:

  (a)   if the person is remunerated in his or her occupation by wages, salary or fees -- an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and

  (b)   in any other case -- an amount of not less than $140, or more than $700, for each day on which he or she so attends.

4.     A person summoned to appear as a witness, other than a witness referred to in clause   3, before the Registrar must be paid:

  (a)   if the person is remunerated in his or her occupation by wages, salary or fees -- an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and

  (b)   in any other case -- an amount of not less than $80, or more than $130, for each day on which he or sh e so attends.