BR 21/2006

GOVERNMENT FEES ACT 1965

1965 : 103

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT REGULATIONS 2006

The Minister of Finance, in exercise of the powers conferred by section 2 of the Government Fees Act 1965, makes the following Regulations:

Citation

1 These Regulations may be cited as the Government Fees (Trade Marks and Service Marks) Amendment Regulations 2006.

Substitution of Schedule

2 The Schedule to the Government Fees (Trade Marks and Service Marks) Regulations 1993 is revoked and the Schedule to these Regulations is substituted.

Commencement and transitional

3 (1) Subject to paragraph (2), these Regulations shall come into force on the 1st day of April 2006.

(2) Nothing in these Regulations shall affect the validity of a fee, paid before the coming into force of these Regulations.

SCHEDULE (Regulation 2)

Column 1 Column 2 Column 3 Column 4

Fee No. Function Amount Form No.

1. 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 84.00 TM-No.1

2. For a search under regulation 93(1) in respect of

one mark—

Without application for the Registrar's advice

under regulation 19 47.00 TM-No. 2

With application for the Registrar's advice under

regulation 19 137.00 TM-No. 2

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 189.00 TM-No. 3

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) 242.00 —

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 89.00 —

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 58.00 —

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 89.00 —

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 189.00 TM-No. 4

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 189.00 TM-No. 4

And for every other mark of the series 11.00

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 210.00 TM-No. 4

11. On each addition to the registered entry of a trade

mark or a service mark as associated with a newly

registered mark (section 25 of the 1974 Act or the

modified 1974 Act and regulation 54) 11.00 TM-N0.4

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 89.00 —

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 147.00 TM-No. 6

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 168.00

If made after expiration of twelve months from the

date of acquisition of proprietorship or the coming

into operation of these Regulations 179.00

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 147.00 TM-No. 6

or 7

And for every other mark 11.00

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 168.00

And for every other mark 11.00

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 179.00

And for every other mark 11.00

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 89.00 —

And for every other mark assigned with the same

devolution of title 11.00 —

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 47.00 —

Not exceeding two months 89.00 —

Not exceeding three months 142.00 —

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 284.00 TM-No. 9

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 284.00 TM-No. 9

And for every other mark of the series 11.00

19. Restoration fee under regulation 59 168.00 TM-No. 10

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 a trade mark or a service mark from

the register 142.00 —

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 a trade mark or a service mark from

the register 89.00 —

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 47.00 —

And for every other entry 11.00

23. On request, not otherwise charged, for correction

of clerical error or for permission to amend

application 47.00 —

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 47.00—

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 47.00 —

And for every other mark 11.00

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 47.00 —

27. On request, under section 36(1)(e) of the 1974 Act or

the modified 1974 Act and regulation 75, by the

registered proprietor of a trade mark or a service

mark for entry of disclaimer or memorandum in

the register 47.00 —

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 47.00 —

And for every other entry included in the application 11.00

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 47.00 —

And for every other entry 11.00

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 47.00 —

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 47.00 —

And for every other mark 11.00

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 89.00 —

33. On application by registered proprietor, under

section 38 of the 1974 Act and regulation 5, for

conversion of specification 47.00 —

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 89.00 —

And for every other mark of the same proprietor

having the same specification 11.00

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 210.00 TM-No. 11

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 79.00 TM-No. 12

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 79.00 TM-No. 12

And for every other mark of the proprietor included

in the application and statement of case 11.00

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 116.00 —

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 116.00 —

And for every other mark of the proprietor for which

the same user is registered, included in the

application 16.00

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 47.00 —

41. On application by the proprietor 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 47.00 —

And for every other mark of the proprietor for which

the same user is registered, included in the application 11.00

42. On application under paragraph (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 47.00 —

43. On application under paragraph (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 47.00 —

And for every other mark of the same proprietor for

which the same user is registered, included in the

application 11.00

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 89.00 —

45. For endorsement of a certificate under regulation 60

or 68(2)—

In respect of a trade mark or a service mark 47.00

In respect of a series of trade marks or service marks 58.00

46. For certificate of the Registrar (other than a certificate

under section 21(2) of the 1974 Act or the modified

1974 Act), under regulation 92(2)—

In respect of the registration of a trade mark or a

service mark 47.00

In respect of the registration of a series of trade

marks or service marks pursuant to section 24(3)

of the 1974 Act or the modified 1974 Act 58.00

47. For inspecting any document or making a search of

the register under regulation 94 26.00 —

(per half

hour or

part

thereof)

48. For every entry in the register of a rectification

thereof or an alteration therein, not otherwise

charged 58.00 —

49. On application to the Registrar for an extension of

time under regulation 89 to do any act or to take any

proceeding 26.00 —

(per two

month

period

or part

thereof)

50. For office copy of entry in the register or of document 11.00 —

(for each

page or

portion

of a page)

51. For certifying office copy, or MS or photographic or

printed matter 21.00 —

Made this 21st day of March, 2006

Minister of Finance