Commonwealth Numbered Regulations - Explanatory Statements

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TRADE MARKS REGULATIONS (AMENDMENT) 1992 NO. 150

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 150

Issued by the Authority of the Minister of State for Science and Technology

Trade Marks Act 1955

Trade Marks Regulations (Amendment)

The Statutory Rules amend the Trade Marks Regulations (the Regulations) to enable the Registrar of Trade Marks (the Registrar) to waive or refund fees in special circumstances; to enable costs awarded in any proceedings before the Registrar to be taxed, allowed and certified and to include the levels of those costs in a schedule to the Regulations; to declare Gambia to be a Convention country; and to vary certain fees payable under the Regulations. Details of the amendments are as follows:

Regulation 1 sets 1 July 1992 as the commencement day for regulations 4, 5, 6, 7 and 9.

Regulation 2 identifies the Trade Marks Regulations as those to be amended.

Regulation 3 inserts new regulation 4A to allow the Registrar to exempt a person from the payment of a fee, remit any part of a fee or refund the whole or any part of a fee, relating to the lodgement of a document, where the Registrar is reasonably satisfied that such an action is justified.

In addition, where the acceptance of an application for, or the registration of, a trade mark is delayed due to an error or omission by the Trade Marks Office, new regulation 4A enables the Registrar to waive the fee that would otherwise have been due for the period of time corresponding to that delay.

Regulation 4 omits regulation 52 from the Regulations.

Regulation 5 inserts new regulation 71A to enable parties to any proceedings before the Registrar to have the costs, expenses or allowances awarded against them taxed, allowed and certified by an officer of, or employee in, the Trade Marks Office.

Regulation 6 substitutes a revised Schedule 2. The items differ from existing items in the level of fees except for items 5, 6, 7, 11, 12 and 14 which remain unchanged. The overall effect of the revised fees is an increase of 3.5 per cent on average in fee levels. This increase will enable the Patent, Trade Marks and Designs Offices to meet their cost recovery obligations.

Regulation 7 is a transitional provision which ensures that the amending regulations do not affect registration fees for trade mark applications that were accepted before 1 July 1992.

Regulation 8 includes Gambia in the list of Convention countries in Schedule 4A to the Regulations.

Regulation 9 inserts new Schedule 6 which lists items and amounts of costs, expenses and allowances that can be awarded, taxed, allowed and certified in relation to proceedings before the Registrar.


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