THE TRADE MARKS REGULATIONS 1954,
AMENDMENT NO. 10
PAUL REEVES, Governor-General
ORDER IN COUNCIL
At Wellington this 27th day of July 1987
Present:
His Excellency the Governor-General in Council
Pursuant to sections 82 and 85 of the Trade Marks Act 1953, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
REGULATIONS
SCHEDULE
NEW FIRST SCHEDULE TO PRINCIPAL REGULATIONS
"FIRST SCHEDULE
Item |
Matter |
Amount |
Corresponding |
1 |
On application under regulation 11 for conversion of specification |
No fee |
|
2 |
On application to register a trade mark (including a series of trade marks under section 30 of the Act, a defensive trade mark, and a certification trade mark) for a specification of goods included in 1 class |
95 |
5, 6, 7 |
3 |
For registration of a trade mark (including a defensive trade mark and a certification trade mark) for a specification of goods included in 1 class |
95 |
.. |
4 |
For registration of a series of trade marks under section 30 of the Act for a specification of goods included in 1 class: |
||
For the first trade mark |
95 |
.. |
|
For every other trade mark in the series |
45 |
.. |
|
5 |
On application to dissolve the association between registered trade marks |
80 |
11 |
6 |
For renewal of registration of a trade mark (including a defensive trade mark and a certification trade mark) at expiration of last registration |
290 |
13 |
7 |
For renewal of registration of a series of trade marks under section 30 of the Act at expiration of last registration: |
||
For the first trade mark |
290 |
13 |
|
50 |
.. |
||
8 |
Additional fee under regulation 54 of these regulations |
50 |
.. |
9 |
On application for restoration under regulation 55 of these regulations |
115 |
14 |
10 |
45 |
15 |
|
On each application covering more than 1 trade mark, the devolution of title being the same as in the first trade mark: |
|||
For the first trade mark |
45 |
.. |
|
For each additional trade mark |
25 |
.. |
|
11 |
On application for certificate of Commissioner or for approval of Commissioner under regulation 65 of these regulations |
70 |
.. |
On each application covering more than 1 trade mark, the devolution of title being the same as in the first trade mark: |
|||
For the first trade mark |
70 |
.. |
|
For each additional trade mark |
35 |
.. |
|
12 |
On application for directions of Commissioner for advertisement of assignment of trade mark without goodwill |
50 |
16 |
13 |
On application to dispense with production of probate or letters of administration |
45 |
17 |
14 |
On application for rectification of register or removal of trade mark from register |
195 |
18 |
15 |
On request to enter alteration of address or address for service of proprietor or registered user (except where no fee is payable by virtue of regulation 71 (3) of these regulations) |
35 |
20 |
On each request covering more than 1 trade mark, the alteration being the same as in the first trade mark: |
|||
For the first trade mark |
35 |
.. |
|
For each additional trade mark |
25 |
.. |
|
16 |
On request to enter change of name or description of proprietor or registered user |
35 |
21 |
On each request covering more than 1 trade mark, the change being the same as in the first trade mark: |
|||
For the first trade mark |
35 |
. . |
|
For each additional trade mark |
25 |
. . |
|
17 |
On request to cancel the entry or part of the entry of a trade mark in the register |
35 |
22 |
18 |
On request to strike out goods from those for which the trade mark is registered |
35 |
23 |
19 |
35 |
24 |
|
20 |
On request under section 44 (3) of the Act for correction of error |
45 |
25 |
21 |
On request under regulation 76 of these regulations for entry of certificate of validity in register |
45 |
26 |
22 |
95 |
27 |
|
On each application covering more than 1 trade mark, the addition or alteration being the same as in the first trade mark: |
|||
For the first trade mark |
95 |
. . |
|
For each additional trade mark |
45 |
. . |
|
23 |
On application to alter deposited regulations of a certification trade mark |
50 |
29 |
On each application covering more than 1 trade mark, the alteration being the same or substantially the same as in the first trade mark: |
|||
For the first trade mark |
50 |
. . |
|
For each additional trade mark |
30 |
. . |
|
24 |
On application to expunge or vary entry of certification trade mark |
70 |
30 |
25 |
90 |
31 |
|
On each application covering more than 1 trade mark, the conditions and restrictions being the same as in respect of the first trade mark: |
|||
For the first trade mark |
90 |
. . |
|
For each additional trade mark |
45 |
. . |
|
26 |
On application to vary or cancel entry of registered user |
85 |
32, 33, 34 |
On each application covering more than 1 trade mark, the proprietor and user being the same as in the first trade mark: |
|||
For the first trade mark |
85 |
. . |
|
For each additional trade mark |
35 |
. . |
|
27 |
On request for permission to amend application |
35 |
36 |
28 |
150 |
2, 8, 28 |
|
29 |
45 |
. . |
|
30 |
On application for extension of time, for each month or part thereof |
30 |
. . |
31 |
On hearing by Commissioner, for each party |
50 |
. . |
32 |
For further certificate of Commissioner under section 57 of the Act |
50 |
37 |
33 |
For certificate of Commissioner. (other than certificate under section 28 and further certificate under section 57 of the Act) |
45 |
. . |
34 |
For a search under regulation 103 (1) of these regulations, in respect of 1 mark in 1 class |
30 |
. . |
35 |
On request for Commissioner's preliminary advice under regulation 103 (2) of these regulations: |
||
For each trade mark submitted in respect of 1 class |
30 |
. . |
|
36 |
For typed or photographic copy of documents |
$1 per document plus 20 cents for each page copied |
. . |
37 |
For extra space in any Journal advertisement where the representation of the trade mark exceeds 9 cm in breadth |
35 |
. . |
38 |
For extra space in any Journal advertisement where the representation of the trade mark exceeds 5 cm in depth |
$5 for each centimetre or part centimetre of depth in excess of 5 cm |
. . |
39 |
On request for endorsement of certificate of registration presented subsequent to the filing of an application involving an alteration in the register |
50 |
. . |
On each request covering more than 1 trade mark, the endorsement being the same as in the first trade mark: |
|||
For the first trade mark |
50 |
. . |
|
For each additional trade mark |
30 |
. ." |
P. G. MILLEN,
Clerk of the Executive Council.
EXPLANATORY NOTE
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations amend the Trade Marks Regulations 1954 by increasing the fees payable for various matters.
Regulation 1 relates to the Title and commencement.
Regulation 2, which comes into force on 1 October 1987, increases from $45 to $50 the fee payable under regulation 97 of the principal regulations relating to amendments of documents and drawings, and substitutes a new scale of fees payable in respect of the various matters mentioned in the Schedule.
Regulations 3and 4 are transitional provisions.
Regulation 5 provides that the fees prescribed by the principal regulations are exclusive of goods and services tax.
Regulation 6 is of a consequential nature only.
Issued under the authority of the Regulations Act 1936.
Date of notification in Gazette: 30 July 1987.
These regulations are administered in the Department of Justice.
* S.R. 1954/222
Amendment No. 1: S.R. 1966/205
Amendment No. 2: S.R. 1975/61
Amendment No. 3: (Revoked by S.R. 1977/62)
Amendment No. 4: (Revoked by S.R. 1980/82)
Amendment No. 5: (Revoked by S.R. 1982/85)
Amendment No. 6: (Revoked by S.R. 1984/125)
Amendment No. 7: (Revoked by S.R. 1985/225)
Amendment No. 8: (Revoked by S.R. 1986/67)
Amendment No. 9: S.R. 1986/67