Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - SCHEDULE 9

Fees

(regulation 21.21)

   

 

Item

Matter

Fee

1

Filing an application to register a trade mark under subsection 27 (5) or 45 (1) of the Act in respect of goods or services in 1 or more of the prescribed classes:

 

 

   (a)  by an electronic means approved by the Registrar for this paragraph

$120 for each class

 

         and, in addition, if the goods and services are specified in the application otherwise than by using the official Goods and Services pick list

$40 for each class

 

  (b)  by AFS request mentioned in regulation 4.2A

$90 for each class

 

   (c)  by another means

$180 for each class

3

Filing an application to register 2 or more trade marks as a series under section 51 of the Act:

 

 

   (a)  by an electronic means approved by the Registrar for this paragraph:

$270 for each class

 

         and, in addition, if the goods and services are specified in the application otherwise than by using the official Goods and Services pick list

$40 for each class

 

  (b)  by other means

$330 for each class

4

Requesting an amendment under section 64, 65 or 65A of the Act to include an additional prescribed class of goods or services in an application:

 

 

   (a)  application under section 51 for a series of trade marks

$330 for each class

 

  (b)  any other case

$180 for each class

5

Filing an application for an extension of:

   (a)  a period under subregulation 4.12 (3) or regulation 17A.20; or

  (b)  time under regulation 21.25

$100 for each month or part of a month for which the extension is sought

6

Filing an application for an extension of:

   (a)  a period under regulation 5.15 (including regulation 5.15 as applied by regulation 17A.33); or

  (b)  time under regulation 5.2 or 17A.30

$150 for each month or part of a month for which the extension is sought

7

Filing a notice of opposition under:

 

 

   (a)  section 52 of the Act; or

$250

 

  (b)  section 96 of the Act (including section 96 as applied by regulation 17A.48); or

$150

 

   (c)  subsection 224 (6) of the Act; or

$250

 

  (d)  regulation 17A.29

$250

8

Filing an application for permission to serve a copy of further evidence in opposition proceedings under paragraph 5.15 (1) (b) (including paragraph 5.15 (1) (b) as applied by regulation 17A.33)

$100

9

Single registration of a trade mark under section 68 of the Act in respect of goods or services in 1 or more of the prescribed classes

$250 for each class

10

Renewal of a single registration of a trade mark under section 75 of the Act in respect of goods or services in 1 or more of the prescribed classes

$300 for each class

 

and, in addition, if the request for renewal is made within 6 months after the expiry date to which section 79 of the Act refers

$100 for each class for each month, or part of a month, after the expiry date

11

Each potential renewal period requested by a person under section 80D of the Act in respect of goods or services in 1 or more of the prescribed classes

$300 for each class

12

Each potential renewal period requested by a person under paragraph 80G (1) (b) of the Act in respect of goods and services in 1 or more of the prescribed classes

$300 for each class

 

and, in addition, if the request for renewal is made within 10 months after the end of the prescribed period, regardless of the number of potential renewal periods requested

$100 for each class for each month, or part of a month, after the end of the prescribed period

13

Filing an application for removal of a trade mark from the Register:

   (a)  for non-use under section 92 of the Act; or

  (b)  for cessation of protection for non-use under subregulation 17A.48 (1)

$250

14

Request for a hearing under:

   (a)  regulation 5.14 (including regulation 5.14 as applied by regulation 17A.33); or

  (b)  regulation 9.4, (including regulation 9.4 as applied by regulation 17A.48)

$500

15

Request for a hearing in relation to any other matter

$300

16

Attendance at a hearing under:

   (a)  regulation 5.14 (including regulation 5.14 as applied by regulation 17A.33); or

  (b)  regulation 9.4 (including regulation 9.4 as applied by regulation 17A.48)

$500 for each day, or part of a day, less any amount paid under item 14 in relation to the hearing

17

Attendance at a hearing in relation to any other matter

$300 less any amount paid under item 15 in relation to the hearing

18

Handling an application for the international registration of a trade mark under regulation 17A.7

$100

19

Transmitting a renewal fee for the international registration of a trade mark under Article 7 of the Madrid Protocol

$100

20

Requesting a decision under subregulation 21.16 (2)

$300

21

Supply of a certificate signed by the Registrar under section 211 of the Act

$50

21A

Supply of a duplicate of a certificate signed by the Registrar under section 211 of the Act

$250

22

Supply of a copy of an extract from the Register or the Record of International Registrations

$50

23

Supply of a copy of a document for which a search is required

$100

25

Applying for admission to sit for an examination conducted by the Board

$400

26

Applying for a grant of a supplementary examination conducted by the Board

$200

27

A report of reasons for failure of an examination conducted by the Board

$200

28

Applying for registration as a trade marks attorney

$150

29

Annual registration of a trade marks attorney

$250

30

Annual registration fee payable for combined registration as a trade marks attorney and patent attorney

$450

31

Applying to be restored to the Register, as authorised by regulation 20.14

$160

32

AFS request under regulation 3A.3

$90 for each class

33

Inclusion of an additional class of goods or services in an AFS request under paragraph 3A.3 (5) (c) or 3A.5 (2) (f)

$90 for each class

34

Inclusion of an amendment in an AFS request that significantly changes the graphical representation of a trade mark under paragraph 3A.5 (2) (f)

$90 for each class

35

   (a)  request for a copy of a file or part of a file under regulation 21.11A

$30 for each file that is the subject of a request

 

  (b)  for each request of 20 pages or less

no additional charge

 

   (c)  for each request involving more than 20 pages from a single file

$1 for each additional page over 20 from the file

 




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