Document ID: chunk:federal_register_of_legislation:F2024C00893:reg:5:p5
Version: federal_register_of_legislation:F2024C00893
Segment Type: reg
Provision Reference: reg 5 (pt 5/8)
Character Range: 356052–358658

is pending and has not been accepted;
the amendment is taken to have been made under the Act on the date on which it was made under the Trade Marks Act 1955.
 (3) If the particulars of an application for the registration of a trade mark have been published before the commencement of these regulations:
 (a) in the Official Journal; or
 (b) by listing in a computer database maintained by the Trade Marks Office; or
 (c) by making a record of the application available, in electronic or other form, in each of the sub‑offices of the Trade Marks Office;
then, for the purposes of subsection 45(2), paragraph 64(a), subsection 65(1) and paragraph 83(1)(a) of the Act, those particulars are taken to have been published under section 30 of the Act.

22.2  Fees payable in relation to certain matters
 (1) Subject to subregulation (2), a fee payable in relation to proceedings:
 (a) relating to an application for the registration of a trade mark of a kind mentioned in subsection 241(2) of the Act (which deals with pending applications for registration of trade marks); or
 (b) of a kind mentioned to which section 251 of the Act (which deals with action for removal of trade marks from the Register for non‑use) applies;
is the fee that would have been payable if these regulations had applied to the proceedings.
 (2) The fee payable for the registration of a trade mark of a kind mentioned in subsection 241(2) of the Act is the fee that was payable under regulations made under the Trade Marks Act 1955, being the regulations as in force when the application was accepted.
 (5) If:
 (a) under the repealed Act the registration of a trade mark expires in 1995; and
 (b) a request is made to renew the registration of the trade mark within the period of 12 months following the expiry;
the fee payable in relation to the request is the fee that would have been payable for lodgment of an application for restoration of the trade mark under subsection 71(1) of the repealed Act.

22.3  Certain delegations continue
  If, immediately before the commencement of these regulations, a person:
 (a) was a delegate of the Registrar of Trade Marks under the repealed Act; and
 (b) was exercising the powers of the Registrar in relation to a matter to which, under Division 3 of Part 22 of the Act, the repealed Act continues to apply;
the delegation of that person continues in relation to the matter.

22.4  Certain deferments continue
 (1) If:
 (a) the Registrar has deferred acceptance of an application for registration of a trade mark under subsection 33(3) of the Trade Marks Act 1955; and
 (b) the deferment