Commonwealth Numbered Regulations - Explanatory Statements

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TRADE MARKS REGULATIONS (AMENDMENT) 1991 NO. 454

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 454

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

The Statutory Rules amend the Trade Marks Regulations (the Regulations) to enable certain applications to be made on forms other than prescribed forms, to update the prescribed classes of goods and services set out in Schedule 4 to the Regulations, to declare Chile and Swaziland to be Convention countries, and to make a number of technical and drafting amendments. Details of the amendments are as follows:

Regulation 1 sets 1 January 1992 as the commencement day for regulation 8.

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

Regulation 3 redefines "patent attorney" in subregulation 3(1) of the Regulations consequential on the commencement of the Parents Act 1990.

Regulation 4 amends subregulation 5(3) of the Regulations to extend its provisions to a form provided by the Registrar.

Regulation 5 amends regulation 7 of the Regulations to enable an application for registration of a trade mark in Part A of the Register to be made on a form provided by the Registrar for that. purpose.

Regulation 6 amends regulation 26 of the Regulations to enable an application for registration as a registered user of a trade mark to be made on a form provided by the Registrar for that purpose.

Regulation 7 omits redundant fee item 10 from Schedule 2 to the Regulations.

Regulation 8 updates the classes of goods and services prescribed in Schedule 4 to the Regulations in line with minor changes made to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.

Regulation 9 includes Chile and Swaziland in the list of Convention countries in Schedule 4A to the Regulations. Minor drafting changes are also made to the style in which some countries are referred to in the Schedule.


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