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))
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
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.
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.