|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Bermuda Consolidated Legislation |
[Database Search] [Name Search] [Noteup] [Help]
BERMUDA STATUTORY
INSTRUMENT
BR 34/1993
GOVERNMENT FEES
(TRADE MARKS AND SERVICE MARKS) REGULATIONS 1993
[made under
section 2 of the Government Fees Act 1965 [title 15 item 18] and brought into
operation on 23 July 1993]
ARRANGEMENT OF
REGULATIONS
1 Citation
2 Interpretation
3 Fees payable in accordance with the
Schedule
4 Fees ordinarily to be paid by revenue
stamps
5 Disposal of fees
6 Revocation
SCHEDULE
Citation
1 These Regulations may be cited as the
Government Fees (Trade Marks and Service Marks) Regulations 1993.
Interpretation
2 (1) In
these Regulations, unless the context otherwise requires—
"the 1974
Act" means the Trade Marks Act 1974 [title
17 item 43] as it has effect with respect to trade marks;
"the modified
1974 Act" means the Trade Marks Act 1974 [title 17 item 43] as it has effect with respect to service marks.
(2) In the Schedule references to a regulation
or to a Form are references to that regulation of or to that Form prescribed in
the First
Schedule to the Trade Marks and Service Marks Regulations 1993 [title 17 item 43(b)].
Fees payable in accordance with the Schedule
3 (1) In
respect of each of the functions performed by the Registrar-General specified
in Column 2 of the Schedule there shall be payable
a fee as set out in Column 3
thereof in relation to the function.
(2) Subject to regulation 4, any fee payable
under paragraph (1) shall be payable to the Registrar-General.
Fees ordinarily to be paid by revenue stamps
4 (1) The
fees payable under regulation 3 shall where practicable be paid by any stamp
for the time being available for the payment of
stamp duty in Bermuda and the
stamp shall be affixed to the form mentioned in Column 4 of the Schedule or
other document lodged
for the purposes of the 1974 Act or the regulations thereunder.
(2) The Registrar-General may refuse to accept
any form or other document lodged for the purposes of the 1974 Act or the
regulations
thereunder unless it is accompanied by the fee in the manner
required by paragraph (1).
(3) Where fees payable under regulation 3 are
paid by means of an adhesive stamp it shall be the duty of the responsible
officer of
the office of the Registrar-General to ensure that it is effectively
cancelled so as to render the stamp incapable of being used
again for the
payment of any fee or for the payment of stamp duty or any postal purpose.
(4) The Accountant General may, on the
recommendation of the Registrar-General, refund any fee paid in error, or in
the event of any
stamp being improperly
cancelled under this regulation or for any other proper cause.
Disposal of fees
5 All fees collected under the
provisions of these Regulations shall be paid into the Consolidated Fund.
Revocation
6 The Government Fees (Trade Marks)
Regulations 1975 are revoked.
SCHEDULE (Regulation 2)
|
Column 1 |
Column 2 |
Column 3 |
Column 4 |
|
|||||
|
|
On request for the Registrar's preliminary
advice under section 41 of the 1974 Act or the modified 1974 Act and
regulation 19,
for each trade mark or service mark submitted in respect of one
class |
|
|
|
|||||
|
2. |
For a search under regulation 93(1) in respect
of one class— |
|
|
|
|||||
|
|
Without application for the Registrar's advice
under regulation 19 |
|
|
|
|||||
|
|
With application for the Registrar' s advice under regulation 19 |
|
|
|
|||||
|
3. |
On application not otherwise charged to
register a trade mark or a service mark (section 18(1) of the 1974 Act or the
modified
1974 Act and regulation 20(1) or a series of trade marks or service
marks (section 24 of the 1974 Act or the modified 1974 Act
and regulation 27)
for a specification of goods or services included in one class |
|
|
|
|||||
|
4. |
On a request to the Registrar to state grounds
of a decision relating to an application to register a trade mark or a
service
mark, and materials used (section 18(5) of the 1974 Act or the
modified 1974 Act and regulation 34) |
|
|
|
|||||
|
5. |
On notice of opposition before the Registrar
under section 19 of the 1974 Act or the modified 1974 Act and regulation 39,
for
each application opposed, by opponent |
|
|
|
|||||
|
6. |
On lodging a counter-statement in answer to a
notice of opposition under section 19 of the 1974 Act or the modified 1974
Act
and regulation 41, for each application opposed, by the applicant; or in
answer to an application under any of the sections 29,
30, 34 and 35 of the
1974 Act or the modified 1974 Act, by the proprietor in respect of each trade
mark or service mark; or
in answer to a notice of opposition under section 37
or section 38 of the 1974 Act or the modified 1974 Act, for each application
or conversion opposed, by the proprietor |
|
|
|
|||||
|
7. |
On the hearing of each opposition under
section 19 of the 1974 Act or the modified 1974 Act and regulation 47, by
applicant
and by opponent respectively; or on the hearing of an application
under any of the sections 29, 30, 34 and 35 of the 1974 Act
or the modified
1974 Act, by applicant and by proprietor respectively; or on the hearing of
an opposition under section 37
or section 38 of the 1974 Act or the modified
1974 Act, by proprietor and by opponent respectively |
|
|
|
|||||
|
8. |
For one registration of a trade mark or a
service mark not otherwise charged for a specification of goods or services
included
in one class |
|
|
|
|||||
|
9. |
For one
registration of a series of trade marks or service marks under section 24 of
the 1974 Act or the modified 1974 Act and
regulation 27 for a specification
of goods or services included in one class— |
|
|
|
|||||
|
|
For the first mark |
136.00 |
TM-No. 4 |
|
|||||
|
|
And for every other mark of the series |
|
|
|
|||||
|
10. |
For one registration under section 30 of the
1974 Act and regulation 36, of a defensive trade mark for a specification of
goods
included in one class |
|
|
|
|||||
|
11. |
Upon each addition to the registered entry of
a trade mark |
|
|
|
|||||
|
12. |
On an application, under section 25(4) of the
1974 Act or the modified 1974 Act and regulation 54(2), to dissolve the
association
between registered trade marks or service marks |
|
|
|
|||||
|
13. |
On application,
under section 28 of the 1974 Act or the modified 1974 Act and regulation 62
or 63, to register a subsequent
proprietor in a case of assignment or
transmission of a single trade mark or service mark— |
|
|
|
|||||
|
|
If made within six months from the date of
acquisition of proprietorship or the coming into operation of these
Regulations |
|
|
|
|||||
|
|
If made after expiration of six months but
within twelve months from the date of acquisition of proprietorship or the
coming
into operation of these Regulations |
|
|
|
|||||
|
|
If made after expiration of twelve months from
the date of acquisition of proprietorship or the coming into operation of
these
Regulations |
|
|
|
|||||
|
14. |
On application, under section 28 of the 1974
Act or the modified 1974 Act and regulation 62 or 63, to register a
subsequent
proprietor of more than one trade mark or service mark standing in
the same name, the devolution of title being the same in each
case— |
|
|
|
|||||
|
|
If made within six months from the date of
acquisition of proprietorship or the coming into operation of these
Regulations— |
|
|
|
|||||
|
|
For the first mark |
120.00 |
TM-No. 6 |
|
|||||
|
|
And for every other mark |
6.00 |
or 7 |
|
|||||
|
|
If made after expiration of six months but
within twelve months from the date of acquisition of proprietorship or the
coming
into operation of these Regulations— |
|
|
|
|||||
|
|
For the first mark |
136.00 |
|
|
|||||
|
|
And for every other mark |
6.00 |
|
|
|||||
|
|
If made after expiration of twelve months from
the date of acquisition of proprietorship or the coming into operation of
these
Regulations— |
|
|
|
|||||
|
|
For
the first mark |
141.00 |
|
|
|||||
|
|
And for every other mark |
6.00 |
|
|
|||||
|
15. |
On application,
under section 26(6) of the 1974 Act or the modified 1974 Act and regulation
70(1), for directions by the Registrar
for advertisement of assignment of
trade marks or service marks in use, without goodwill— |
|
|
|
|||||
|
|
For one
mark assigned |
68.00 |
— |
|
|||||
|
|
And for every other mark assigned with the
same devolution of title |
|
|
|
|||||
|
16. |
On application,
under section 26(6) of the 1974 Act or the modified 1974 Act and regulation
70(4), for extension of time for
applying for directions for advertisement of
assignment of trade marks or service marks in use, without goodwill, in
respect
of one devolution of title— |
|
|
|
|||||
|
|
Not
exceeding one month |
31.00 |
— |
|
|||||
|
|
Not
exceeding two months |
73.00 |
— |
|
|||||
|
|
Not exceeding three months |
115.00 |
— |
|
|||||
|
17. |
For renewal, under section 23 of the 1974 Act
or the modified 1974 Act and regulation 57, of registration of a trade mark
or
a service mark at expiration of last registration |
|
|
|
|||||
|
18. |
For renewal,
under section 23 of the 1974 Act or the modified 1974 Act and regulation 57,
of registration of a series of trade
marks or service marks (section 24(3) of
the 1974 Act or the modified 1974 Act) at expiration of last registration— |
|
|
|
|||||
|
|
For
the first mark of the series |
230.00 |
TM-No. 9 |
|
|||||
|
|
And for every other mark of the series |
|
|
|
|||||
|
19. |
Restoration fee under regulation 59 |
|
|
|
|||||
|
20. |
On application, under section 29, 30, 34 or 35
of the 1974 Act or section 29, 34 or 35 of the modified 1974 Act and
regulation
72, for rectification of the register or removal of trade mark or
service mark from the register |
|
|
|
|||||
|
21. |
On application, under regulation 74, for leave
to intervene in proceedings under section 29, 30, 34 or 35 of the 1974 Act or
section 29, 34 or 35 of the modified 1974 Act for rectification of the
register or removal of trade mark or service mark from
the register |
|
|
|
|||||
|
22. |
For altering,
under section 36 of the 1974 Act or the modified 1974 Act and regulation 75,
one or more entries of the trade
or business address or address for service
of a registered proprietor or a registered user of a trade mark or a service
mark
where the address in each case is the same and is altered in the same
way (unless exempted from fee under regulation 71(3)— |
|
|
|
|||||
|
|
For
the first entry |
37.00 |
— |
|
|||||
|
|
And for every other entry |
6.00 |
|
|
|||||
|
23. |
On request, not otherwise charged, for
correction of clerical error or for permission to amend application |
|
|
|
|||||
|
24. |
On application, under section 36 of the 1974
Act or the modified 1974 Act and regulation 75, to change the name or
description
of a proprietor or a registered user of a single trade mark or
service mark where there has been no change in the proprietorship
or in the
identity of the user |
|
|
|
|||||
|
25. |
On application,
under section 36 of the 1974 Act or the modified 1974 Act and regulation 75,
to change the name or description
of a proprietor or a registered user of
more than one trade mark or service mark standing in the same name, where
there has
been no change in the proprietorship or in the identity of the
user, the change being the same in each case— |
|
|
|
|||||
|
|
For
the first mark |
26.00 |
— |
|
|||||
|
|
And for every other mark |
6.00 |
|
|
|||||
|
26. |
For cancelling, under section 36(1)(c) or (d)
of the 1974 Act or the modified 1974 Act and regulation 75, the entry or part
of the entry of a trade mark or a service mark upon the register on the
application of the registered proprietor of the trade
mark or service mark |
|
|
|
|||||
|
27. |
On request, under section 36(1)(e) of the 1974
Act or the modified 1974 Act and regulation 75, by registered proprietor of a
trade mark or a service mark for entry of disclaimer or memorandum in the
register |
|
|
|
|||||
|
28. |
For cancelling
or making one or more entries of an address for service of a registered
proprietor or a registered user of a
trade mark or a service mark where the
address in each case is the same, on application made after the registration
in each
case— |
|
|
|
|||||
|
|
For
the first entry |
21.00 |
— |
|
|||||
|
|
And for every other entry included in the
application |
|
|
|
|||||
|
29. |
For altering one
or more entries of an address for service in the register included in one
application for alteration, where
the address and the alteration in each case
are the same— |
|
|
|
|||||
|
|
For
the first entry |
21.00 |
— |
|
|||||
|
|
And for every other entry |
6.00 |
|
|
|||||
|
|
Provided that no
fee shall be charged if the application for an alteration of an address for
service accompanies Forms TM-No.
4, TM-No. 6, TM-No. 7 or TM-No. 12 |
|
|
|
|||||
|
30. |
On an application to the Registrar, under
section 37 of the 1974 Act or the modified 1974 Act and regulation 78, for
leave to
add to or alter a single registered trade mark or service mark |
|
|
|
|||||
|
31. |
On an
application to the Registrar, under section 37 of the 1974 Act or the
modified 1974 Act and regulation 78, for leave to
add to or alter more than
one registered trade mark or service mark of the same proprietor, being
identical marks, the addition
or alteration to be made, in each case, being
the same— |
|
|
|
|||||
|
|
For
the first mark |
57.00 |
— |
|
|||||
|
|
And for every other mark |
21.00 |
|
|
|||||
|
32. |
On notice of opposition, under section 37(3)
of the 1974 Act or the modified 1974 Act and regulation 79, to application
for
leave to add to or alter registered trade marks or service marks, for
each application opposed |
|
|
|
|||||
|
33. |
On application by registered proprietor, under
section 38 of the 1974 Act and regulation 5, for conversion of specification |
|
|
|
|||||
|
34. |
On notice of opposition, under section 38(3)
of the 1974 Act and regulation 6(2), to a conversion of the specification or
specifications
of a registered trade mark or registered trade marks— |
|
|
|
|||||
|
|
For
one mark |
73.00 |
— |
|
|||||
|
|
And for every other mark of the same
proprietor having the same specification |
|
|
|
|||||
|
35. |
On application, under section 30 of the 1974
Act and regulation 36, to register a defensive trade mark for a specification
of
goods included in one class |
|
|
|
|||||
|
36. |
On application, under section 31 of the 1974
Act or the modified 1974 Act and regulation 82, to enter a registered user of
a
registered trade mark or a registered service mark in respect of goods or
services within the specification thereof |
|
|
|
|||||
|
37. |
On application,
under section 31 of the 1974 Act or the modified 1974 Act and regulation 82,
to enter the same registered user
of more than one registered trade mark or
registered service mark of the same registered proprietor in respect of goods
or
services within the respective specifications thereof and subject to the
same conditions and restrictions in each case— |
|
|
|
|||||
|
|
For
the first mark |
63.00 |
TM-No. 12 |
|
|||||
|
|
And for every other mark of the proprietor
included in the appli-cation and statement of case |
|
|
|
|||||
|
38. |
On application by the proprietor of a single
trade mark or a single service mark, under paragraph (a) of section 31(10) of
the
1974 Act or the modified 1974 Act and regulation 84, to vary the entry of
a registered user thereof |
|
|
||||||
|
39. |
On application by the proprietor of more than
one trademark or one service mark under paragraph (a) of section 31(10) of
the
1974 Act or the modified 1974 Act and regulation 84, to vary the entries
of a registered user thereof— |
|
|
||||||
|
|
For
the first mark |
94.00 |
— |
||||||
|
|
And for every other mark of the proprietor for
which the same user is registered, included in the application |
|
|
||||||
|
40. |
On application by the proprietor or registered
user of a single trade mark or a single service mark, under paragraph (b) of
section 31(10) of the 1974 Act or the modified 1974 Act and regulation 85,
for cancellation of the entry of a registered user
thereof |
|
|
||||||
|
41. |
On application by the proprie tor or
registered user of more than one trade mark or service mark, under paragraph
(b) of section
31(10) of the 1974 Act or the modified 1974 Act and regulation
85, for cancellation of the entries of a registered user thereof— |
|
|
|
|||||
|
|
For
the first mark |
73.00 |
— |
|
|||||
|
|
And for every other mark of the proprietor for
which the same user is registered, included in the application |
|
|
|
|||||
|
42. |
On application under para-graph (c) of section
31(10) of the 1974 Act or the modified 1974 Act and regulation 86, to cancel
the entry of a registered user of a single trade mark or a single service
mark |
|
|
|
|||||
|
43. |
On application under para graph (c) of section
31(10) of the 1974 Act or the modified 1974 Act and regulation 86, to cancel
the entries of a registered user of more than one trade mark or service mark— |
|
|
|
|||||
|
|
For
the first mark |
73.00 |
— |
|
|||||
|
|
And for every other mark of the same
proprietor for which the same user is registered, included in the application |
|
|
|
|||||
|
44. |
On notice under section 31(11) of the 1974 Act
or the modified 1974 Act and regulation 88 of intention to intervene in one
proceeding
for the variation or cancellation of entries of a registered user
of trade marks or service marks |
|
|
|
|||||
|
45. |
For certificate of the Registrar (other than
certificate under section 21(2) of the 1974 Act or the modified 1974 Act),
under
regulation 92(2), of the registra tion of a trade mark or a service
mark |
|
|||||||