No. 330

PARLIAMENTARY ELECTION ACT, 1978

Section 40(4)

MUNICIPALITIES (ELECTION) ORDER 2011

MUNICIPAL ELECTION TO BE HELD ON

10 May 2012 

ADVANCED POLL FOR INCAPACITATED ELECTORS IN INSTITUTIONS

Managers of the Sylvia Richardson Care Facility caring for the aged and chronically sick are reminded that they may register for the purpose of enabling their patients to vote in the forthcoming municipal election in the Town of St. George.

Full particulars as to how to register may be obtained from the Parliamentary Registrar at 60 Reid Street Hamilton, by telephoning 293-VOTE (8683), or 298-7166.

Dated this 25th April 2012

Parliamentary Registrar

No. 331

THE PARLIAMENTARY ELECTION ACT, 1978

(Section 40 (2))

MUNICIPALITIES (ELECTION) ORDER 2011

MUNICIPAL ELECTIONS TO BE HELD ON 

10 MAY 2012

CERTIFICATES OF ENTITLEMENT TO VOTE 

AT THE ADVANCED POLL ON 

THURSDAY 3RD MAY 2012

The Parliamentary Registrar will, at the Office of the Parliamentary Registry, located at the Valerie T. Scott Building 60 Reid Street, Hamilton from Tuesday 1st May 2012 through 2nd May 2012, between the hours of 9:00 a.m. until 5:00 p.m. and between 9:00 a.m. and extended to 7:30 p.m. on 3rd May 2012, issue certificates to municipal electors who are duly registered in the parliamentary register but who expect to be absent from Bermuda, or to travel to or from Bermuda, on polling day, 10th May 2012. Registered voters may apply to the Registrar for a certificate entitling them to vote at an advanced poll at the Parliamentary Registry, Valerie T. Scott building 60 Reid  Street.

Each applicant for a certificate must satisfy the Registrar that he is on the municipal  register and that he will not be in Bermuda on Election Day.

Dated April 25th 2012

Kenneth R. Scott, JP 

Parliamentary Registrar 

NO. 333

NOTICE IS HEREBY GIVEN that the Court of Appeal for Bermuda will next sit in Bermuda commencing on Monday, 4th June 2012 at 10.00 am.

A Draft Cause List has been placed on the Notice Board in Sessions House, in the Front Office of the Registry and on the website at www.judiciary.gov.bm.

REGISTRAR

Court of Appeal for Bermuda

NO. 334

ACTING APPOINTMENT

THE MINISTRY OF BUSINESS DEVELOPMENT AND TOURISM

REGISTRAR OF COMPANIES

Ms. Maria Boodram, Assistant Registrar of Companies, has been appointed to Act as Registrar of Companies for the period 30th April, 2012 – 2nd May, 2012.

Donald Scott

Secretary to the Cabinet

NO. 335

ACTING APPOINTMENT

Judicial Department

His Excellency The Governor, after consultation with the Chief Justice, has approved the appointment of Mrs. Charmaine Smith, Barrister & Attorney to act as Magistrate & Coroner for the period 4th May 2012 to 22nd May 2012.

Dated this 20th day of April 2012

Signed

DEPUTY GOVERNOR

NO. 336

THE PROFESSIONAL ENGINEERS REGISTRATION ACT, 1972.

Pursuant to Subsection 3 of Section 5 of The Professional Engineers Registration Act, 1972, notice is hereby given that the following name has been entered in the Register of Professional Engineers:-

ARCHIBALD, Dustin Edison, P. Eng. (Civil) 

NO. 337

ACTING APPOINTMENT

THE MINISTRY OF ENVIRONMENT, PLANNING AND INFRASTRUCTURE STRATEGY

PERMANENT SECRETARY

Mr. Trevor Leach, Director of Planning, has been appointed to act as Permanent Secretary, Ministry of Environment, Planning and Infrastructure Strategy from 7th – 25th May 2012

Donald Scott

Secretary to the Cabinet

NO. 338

CONSTITUTION OF BERMUDA

In accordance with section 19 (1) of the Constitution, Mr. David Arkley, Deputy Governor, will act as Governor and Commander-in-Chief from Saturday 21st April to Tuesday 24th April 2012, inclusive or until the Governor’s return.

David B. Arkley

 Deputy Governor

NO. 339

CONSTITUTION OF BERMUDA

In accordance with section 18 (2) of the Constitution, His Excellency The Governor is pleased to appoint Mr. Michael A. DeSilva, CPM, FCMI Commissioner of  Police, to act as Deputy Governor from Saturday 28th  April 2012 to Wednesday 9th May 2012, inclusive or until the Deputy Governor’s return.

David B. Arkley

 Deputy Governor

NO. 340

CONSTITUTION OF BERMUDA

In accordance with section 18 (2) of the Constitution, His Excellency The Governor, is pleased to appoint Mr. Michael A. DeSilva, CPM, FCMI Commissioner of  Police, to act as Deputy Governor from Saturday 21st  April 2012 to Tuesday 24th April 2012, inclusive or until the Deputy Governor’s return.

David B. Arkley

 Deputy Governor

NO. 341

CONSTITUTION OF BERMUDA

In accordance with section 19 (1) of the Constitution, Mr. David Arkley, Deputy Governor, will act as Governor and Commander-in-Chief from Saturday 28th April to Wednesday 9th May 2012, inclusive or until the Governor’s return.

David B. Arkley

 Deputy Governor

NO. 342

TRADE/SERVICE MARKS

Notice is hereby given that any person who has grounds of Opposition to the registration of any of the Marks advertised herein according to the Classes under the heading “Trademark Applications advertised before Registration” may within two months from the date of this publication lodge with the Registrar Notice of Opposition in writing in duplicate accompanied by a fee of $93 payable either by cheque made payable to the Accountant General, by cash or by Revenue Stamp obtainable at the Office of the Accountant General.

N.B. All trademarks are published under the NICE CLASSIFICATION (Ninth Edition) NCL (9)

TRADEMARKS APPLICATIONS ADVERTISED BEFORE REGISTRATION

Applications for registration in Part A are shown with the Official Number unaccompanied by any Letter.

Applications for registration in Part B are distinguished by the Letter B prefixed to the Official Number.

Class 3

AVEENO POSITIVELY RADIANT INTENSE BOOST

Registration of this mark shall give no right to the exclusive use of the words “Positively Radiant”

50344. Skincare preparations, namely cleansers, moisturizers, treatments, night cream, eye cream, serum; body care preparations, namely cleansers and moisturizers; all included in Class 3. JOHNSON & JOHNSON, One Johnson & Johnson Plaza, New Brunswick, New Jersey 08933, United States of America - 27/01/2011. Address for service is CONYERS DILL & PEARMAN LIMITED, P.O. Box HM 666, Hamilton HM CX, Bermuda.

To be associated with mark no: 41342, 41343, 41347, 50305, 50445, 50451

Class 3

Proceeding by reason of Section 18(4)...UK registration no. 2575185.  The mark contains Spanish words meaning “Everything Under Control”

50595. Skin cleanser; non-medicated astringents; body wash; facial wash; body scrub; facial scrub; skin moisturizers; facial exfoliating pads; skin creams and cosmetic, facial and body cleansing wipes; sun care; body moisturizers and cosmetic, non-medicated cosmetics; lip balms, lip glosses and powders; all included in Class 3. JOHNSON & JOHNSON, One Johnson & Johnson Plaza, New Brunswick, New Jersey 08933, United States of America - 17/03/2011. Address for service is CONYERS DILL & PEARMAN LIMITED, P.O. Box HM 666, Hamilton HM CX, Bermuda.

To be associated with mark no: 26539, 29454, 50596, 50597, 50598

Class 5

Proceeding by reason of Section 18(4)....UK registration no. 2575185. The mark contains Spanish words meaning “Everything Under Control”

50596. Medicated skin cleanser; medicated facial and body wash and medicated facial and body scrub; medicated nose strips for the treatment of blackheads, medicated acne patches, acne treatment preparations, medicated astringents, medicated skin moisturizers and skin cleansers; all included in Class 5. JOHNSON & JOHNSON, One Johnson & Johnson Plaza, New Brunswick, New Jersey 08933, United States of America - 17/03/2011. Address for service is CONYERS DILL & PEARMAN LIMITED, P.O. Box HM 666, Hamilton HM CX, Bermuda.

To be associated with mark no: 26539, 29454, 50595, 50597, 50598

Class 5

DANZITRUS

51199. Pharmaceutical preparations; all included in Class 5. MERCK SHARP & DOHME CORP., One Merck Drive, Whitehouse Station, New Jersey, United States of America - 14/10/2011. Address for service is FIRSTMARK LTD., P.O. Box HM 3088, (Swan Building, 26 Victoria Street), Hamilton HM NX, Bermuda.

Class 5

SENCLUVE

51200. Pharmaceutical preparations; all included in Class 5. MERCK SHARP & DOHME CORP., One Merck Drive, Whitehouse Station, New Jersey, United States of America - 14/10/2011. Address for service is FIRSTMARK LTD., P.O. Box HM 3088, (Swan Building, 26 Victoria Street), Hamilton HM NX, Bermuda.

Class 5

VIMBRAY

51201. Pharmaceutical preparations; all included in Class 5. MERCK SHARP & DOHME CORP., One Merck Drive, Whitehouse Station, New Jersey, United States of America - 14/10/2011. Address for service is FIRSTMARK LTD., P.O. Box HM 3088, (Swan Building, 26 Victoria Street), Hamilton HM NX, Bermuda.

Class 5

TIVICAY

51202. Pharmaceutical and medicinal preparations and substances; vaccines; all included in Class 5. VIIV HEALTHCARE UK LIMITED, 980 Great West Road, Brentford, Middlesex, TW8 9GS, England, United Kingdom - 14/10/2011. Address for service is FIRSTMARK LTD., P.O. Box HM 3088, (Swan Building, 26 Victoria Street), Hamilton HM NX, Bermuda.

Class 5

DAZRAY

51203. Pharmaceutical and medicinal preparations and substances; vaccines; all included in Class 5. VIIV HEALTHCARE UK LIMITED, 980 Great West Road, Brentford, Middlesex, TW8 9GS, England, United Kingdom - 14/10/2011. Address for service is FIRSTMARK LTD., P.O. Box HM 3088, (Swan Building, 26 Victoria Street), Hamilton HM NX, Bermuda.

Class 5

TRIUMEQ

51204. Pharmaceutical and medicinal preparations and substances; vaccines; all included in Class 5. VIIV HEALTHCARE UK LIMITED, 980 Great West Road, Brentford, Middlesex, TW8 9GS, England, United Kingdom - 14/10/2011. Address for service is FIRSTMARK LTD., P.O. Box HM 3088, (Swan Building, 26 Victoria Street), Hamilton HM NX, Bermuda.

Class 16

Proceeding by reason of Section 18(4)....UK registration no. 2575185. The mark contains Spanish words meaning “Everything Under Control”

50597. Disposable wipes not impregnated with chemicals or compounds for use as cosmetic blotting sheets for absorbing facial oil; all included in Class 16. JOHNSON & JOHNSON, One Johnson & Johnson Plaza, New Brunswick, New Jersey 08933, United States of America - 17/03/2011. Address for service is CONYERS DILL & PEARMAN LIMITED, P.O. Box HM 666, Hamilton HM CX, Bermuda.

To be associated with mark no: 26539, 29454, 50595, 50596

Class 21

Proceeding by reason of Section 18(4)....UK registration no. 2575185. The mark contains Spanish words meaning “Everything Under Control”

50598. Exfoliating and cleansing devices, namely, battery-operated hand-held skin exfoliating and cleansing units used to clean and exfoliate the skin; all included in Class 21. JOHNSON & JOHNSON, One Johnson & Johnson Plaza, New Brunswick, New Jersey 08933, United States of America - 17/03/2011. Address for service is CONYERS DILL & PEARMAN LIMITED, P.O. Box HM 666, Hamilton HM CX, Bermuda.

Class 32

48780. Beers; mineral aerated waters and other non-alcoholic drinks; fruits and fruit juices; syrups and other preparations for making beverages; all included in class 32. ENERGY BRANDS INC., 17-20 Whitestone Expressway, Whitestone, New York 11357, United States of America - 22/12/2008. Address for service is FIRSTMARK LTD., P.O. Box HM 3088, (Swan Building, 26 Victoria Street), Hamilton HM NX, Bermuda.

To be associated with mark no: 47643, 48778, 48779

Class 32

Registration of this mark shall give no right to the exclusive use of the words “Vitamin” and “Water”

B49730. Beers; mineral aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages; all included in Class 32. ENERGY BRANDS INC., 17-20 Whitestone Expressway, Whitestone, New York 11357, United States of America - 13/04/2010. Address for service is FIRSTMARK LTD., P.O. Box HM 3088, (Swan Building, 26 Victoria Street), Hamilton HM NX, Bermuda.

To be associated with mark no: 47648, 48778, 49779, 48780

Class 43

HILTON GARDEN INN

Registration of this mark shall give no right to the exclusive use of the word “Inn”

50639. Hotel services; restaurant, catering, bar and cocktail lounge services; resort lodging services; provision of general purpose facilities for meetings, conferences and exhibitions; provision of banquet and social function facilities for special occasions; reservation services for hotel accommodations for others; all included in Class 43. HLT INTERNATIONAL IP LLC, 7930 Jones Branch Drive, Suite 1100, McLean, VA 22102, United States of America - 29/03/2011. Address for service is Appleby (Bermuda) Limited, Canon’s Court, 22 Victoria Street, Hamilton HM 12, Bermuda.

To be associated with mark no: 25194, 50635, 50636, 50637, 50638, 50640, 50641, 50642, 50643, 50644, 50645, 50646

NO. 343

CLEAN AIR ACT

NOTICE OF INTENTION TO

CONSTRUCT A CONTROLLED PLANT

Pursuant to Part II of the Clean Air Rules 1993, application has been made to the Environmental Authority for a permit to construct a controlled plant as follows:

NAME OF APPLICANT

E & M Construction/Bermuda Slaters Ltd.

ADDRESS OF THE PROPOSED

CONTROLLED PLANT

Prison Farm Quarry

Ferry Reach

St. George’s 

DESCRIPTION OF PROPOSED

CONTROLLED PLANT

One facility for quarrying and cutting rock for roof slate and blocks.

This application is available for inspection at the Department of Environmental Protection during normal working hours.  Any person wishing to object to the proposed plant may, within 14 days of the date of this publication, lodge their objection with the Department of Environmental Protection, 169 South Road, Paget DV 04.  Letters of objection must state the name and address of the objector; the grounds of the objection; whether the objector has an interest in land near to that which the application relates; and be signed by the objector.

DATE:  23 April 2012

NO. 344

ACTING APPOINTMENT

MINISTRY OF HEALTH 

PERMANENT SECRETARY

Mr. Wayne Carey, Permanent Secretary, Ministry of Youth, Families and Sport, has been appointed to act as Permanent Secretary, Ministry of Health during the period 25-28 April 2012.

Secretary to the Cabinet

NO. 345

Notice is hereby given that application has been made to the Minister of National Security by the following person for the grant of Bermudian status under the provisions of section 19A of the Bermuda Immigration and Protection Act, 1956, (viz: has been married to the same Bermudian for ten [10] continuous years, during that marriage has been ordinarily resident in Bermuda for seven [7] years, the last two [2] years of which must be continuous to the date of application; has been living together with his/her Bermudian spouse as husband and wife continuously for the two [2] years immediately preceding his/her application; and is of good character and conduct.)

WALKER, Mary Catherine Annie, 3 Abbot’s Cliff Drive, Hamilton Parish CR03

WILLIAMS, Maria Graciela Ibaca Pilar, 63 Parsons Road, Devonshire HM15

N.B. Any person, who knows if any of the above provisions have not been fulfilled, or why Bermudian status should not be granted to the applicant, should send a written statement to the Chief Immigration Officer, Department of Immigration, P.O. Box HM 1364, Hamilton HMFX no later than 11 May, 2012

NO. 346

LISTING OF PLANNING APPLICATIONS 

REGISTERED

From Date: 4/18/2012     To Date:  4/24/2012.

Summary of Application Details

•The applications shown below are available for review during normal working hours at the Department of Planning, 3rd Floor, Dame Lois Browne Evans Building, 58 Court Street, Hamilton HM12.

•Any person wishing to object must do so within 14 days of the date of this publication (May 11, 2012).

•Letters of objection should state any interest which the objector(s) may have in property nearby, supply an address at which notice may be served on the objector(s) and provide a concise statement of the grounds of objection.

•For further information on the objection procedure see the Development and Planning (Applications Procedure) Rules 1997.

ApplicationApplication #

Paget

Rosorea, Mr./Mrs. Brian & CarrieP0137/12

1 Up And Down Lane, Paget

Proposed In Principle Application for Renovations and Additions to Existing Dwelling with Excavation of Rocks Cuts.

(Final)

Gladwin, Mr. MichaelP0140/12

94 Harbour Road, Paget

Proposed New Two Dwelling Unit with Photovoltaic Solar Panels on Roof (316 sq ft).

(Final)

Jack, Mr. GrahamP0141/12

181 South Road, Paget

Proposed Renovations and Additions to Existing Two Dwelling Unit.

(Final)

Sandys

Gauntlett, Mr. Arthur EdwardS0016/12

Lots 5A & 5B Cavello Heights, Sandys

Proposed Boundary Adjustment.

(Final Plan)

Smith’s

Katherina Harlow / Heyward BurnetP0136/12

126 Harrington Sound Road, Smith’s

Proposed In-Principle Application to Re-Commence Quarrying Operations at Former Quarry.

(In Principle)

Ackah, Ms. Jennifer V.P0138/12

38 Spanish View Road, Smiths

Proposed Alterations and Additions to Existing 2 Storey Building to Create a Second (2nd) Dwelling Unit.

(Final)

Todd Family TrustP0139/12

87 South Road, Smith’s

Proposed Additions and Renovations to Existing Dwelling with Proposed Pitched Roof over Extended Garage and 6ft High Rock Cut.

(Final)

BERMUDA

WASTE AND LITTER CONTROL AMENDMENT ACT 2011 COMMENCEMENT

DAY NOTICE 2012

BR 31/ 2012

The Minister responsible for Public Works, in exercise of the power conferred by section 8 of the Waste and Litter Control Amendment Act 2011, gives the following Notice:

Citation

1This Notice may be cited as the Waste and Litter Control Amendment Act 2011 Commencement Day Notice 2012.

Commencement

2The Waste and Litter Control Amendment Act 2011 shall come into operation on 27 April 2012.

Made this 23rd day of April 2012

Minister of Public Works

BERMUDA

SIMPLIFIED CUSTOMS DECLARATION NOTICE 2007 REVOCATION NOTICE

2012

BR 32/ 2012

The Collector of Customs, in exercise of the powers conferred by section 35A of the Revenue Act 1898, makes the following Notice:

Citation

1This Notice may be cited as the Simplified Customs Declaration Notice 2007 Revocation Notice 2012.

Revokes BR 32/ 2007

2The Simplified Customs Declaration Notice 2007 is hereby revoked.

Made this 23rd day of April 2012

Collector of Customs

BERMUDA

REGISTRATION OF BOATS AMENDMENT REGULATIONS 2012

BR 33/ 2012

The Minister responsible for Transport, in exercise of the power conferred by section 11 of the Marine Board Act 1962, makes the following Regulations:

Citation

1These Regulations may be cited as the Registration of Boats Amendment Regulations 2012.

Amends regulation 9

2Regulation 9 of the Registration of Boats Regulations 1990 is amended by deleting paragraph (3) and substituting the following—

“(3) Subject to paragraph (5), the certificate of registration and the registration decal issued in respect of all boats shall be granted for a period not exceeding twelve months, and shall expire at the end of 31st May.”

Transitional

3A certificate of registration and registration decal issued under regulation 9 of the Registration of Boats Regulations 1990, before the coming into operation of regulation 2 above, shall expire on 31st May 2013.

Made this 23rd day of April 2012

Minister of Transport

BERMUDA

MARINE BOARD (MOORINGS) AMENDMENT REGULATIONS 2012

BR 34/ 2012

The Minister responsible for Transport, in exercise of the power conferred by section 103 of the Marine Board Act 1962, makes the following Regulations:

Citation

1These Regulations may be cited as the Marine Board (Moorings) Amendment Regulations 2012.

Amends regulation 5

2Regulation 5 of the Marine Board (Moorings) Regulations 2000 is amended in paragraph (2) by deleting “31 March” and substituting “31 May”.

Made this 23rd day of April 2012

Minister of Transport