The Trade Marks and Trade Marks (Fees) (Amendment) Rules 2008

1. Copyright trade marks
2. Money and finance
3. Intellectual property protection

PART-1

1.   Citation and commencement

These Rules may be cited as the Trade Marks and Trade Marks (Fees) (Amendment) Rules 2008 and shall come into force on 6th April 2008.

2.   Amendments to the Trade Marks Rules 2000

The Trade Marks Rules 2000(3) are amended as follows.

3.   In rule 5 (Applications for registration; s 32 (Form TM3)) after paragraph (1) insert—

“(1A)    Where an application is for the registration of a single trade mark, an applicant may request the registrar to undertake an expedited examination of the application.

(1B)     A request for expedited examination shall be made on Form TM3 which shall be filed electronically using the filing system provided on the Office website, or by such other means as the registrar may at the registrar’s discretion permit in any particular case, and shall be subject to payment of the prescribed fee.

(1C)     Where an applicant makes a request for expedited examination, the application fee and any class fees payable in respect of the application shall be payable at the time the application is made and accordingly rule 11 shall not apply insofar as it relates to the failure of an application to satisfy the requirements of section 32(4).

(1D)     In this rule and rule 11B a “request for expedited examination” means a request that, following an examination under section 37, the registrar notify the applicant within a period of ten business days (as specified in a direction given by the registrar under section 80) beginning on the business day after the date of filing of the application for registration whether or not it appears to the registrar that the requirements for registration are met.”.

4.   After rule 11A, insert—

“Compliance with request for expedited examination

11B.    Where the registrar receives a request for expedited examination under rule 5, the date on which the registrar shall be deemed to have notified the applicant whether or not it appears to him that the requirements for registration are met shall be the date on which notice is sent to the applicant.”.

5.   Amendments to the Trade Marks (Fees) Rules 2000

The Trade Marks (Fees) Rules 2000(4) are amended as follows.

6.   After rule 3, insert—

“3A.  Where the registrar—

(a)    has received a request for expedited examination of an application for registration of a trade mark under rule 5(1A) of the Trade Marks Rules 2000 (“the Trade Marks Rules”), and

(b)    following the expiry of a period of ten business days (as specified in a direction given by the registrar under section 80) beginning on the business day after the date of filing of the application for registration, notifies the applicant, in accordance with rule 11B of the Trade Marks Rules, whether or not it appears to the registrar that the requirements for registration are met,

the registrar shall repay the fee specified in the Schedule in respect of a request for expedited examination.”.

7.  The Schedule is amended by inserting after the entry “Form TM3 – Application for registration of a trade mark (rule 5) or a series of trade marks (rule 21)” the following—