Government Fees (Trade Marks and Service Marks) Regulations 1993

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Government Fees (Trade Marks) Amendment Regulations 1993
GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

1

BR 34/1993

GOVERNMENT FEES ACT 1965

1965 : 103

THE GOVERNMENT FEES (TRADE MARKS AND SERVICE
MARKS) REGULATIONS 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

The Minister of Finance in exercise of the power conferred upon
him 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) Regulations 1993.

Interpretation
2 (1) In these Regulations, unless the context otherwise
requires—

"the 1974 Act" means the Trade Marks Act 1974 as it has effect
with respect to trade marks;

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

2

"the modified 1974 Act" means the Trade Marks Act 1974 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.

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.

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

3

SCHEDULE (regulation 3)

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
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................ 60.00 TM - No. 1

2. For a search under regulation
93(1) in respect of one class—
Without application for the
Registrar's advice under regula-
tion 19.......................................
With application for the Regi-
strar's advice under regulation
19..............................................

30.00

90.00

TM - No. 2

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 regu-
lation 20(1) or a series of trade
marks or service marks (section
24 of the 1974 Act or the
modified 1974 Act and regula-
tion 27) for a specification of
goods or services included in
one class ................................... 120.00 TM - No. 3

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

4

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
Form No.

4. On a request to the Registrar to
state grounds of decision rela-
ting 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 regula-
tion 34) ..................................... 175.00 —

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 ................................... 65.00 —

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 .................................. 40.00 —

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

5

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
Form No.

7. On the hearing of each opposi-
tion 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 ................ 65.00 —

8. For one registration of a trade
mark or a service mark not
otherwise charged for a specifi-
cation of goods or services
included in one class ................. 120.00 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 speci-
fication of goods or services
included in one class—
For the first mark ......................
And for every other mark of the
series .....................................

120.00

5.00

TM - No. 4

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

6

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
Form No.

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 ....... 150.00 TM - No.4

11. Upon 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)............................ 5.00 TM - No. 4

12. On an application, under sec-
tion 25(4) of the 1974 Act or the
modified 1974 Act and regu-
lation 54(2), to dissolve the
association between registered
trade marks or service marks..... 65.00 —

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

7

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
Form No.

13. On application, under section
28 of the 1974 Act or the
modified 1974 Act and regula-
tion 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 pro-
prietorship or the coming into
operation of these Regulations ...
If made after expiration of six
months but within twelve
months from the date of acqui-
sition 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 ......................

105.00

120.00

125.00

TM - No. 6
or 7

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

8

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
Form No.

14. On application, under section
28 of the 1974 Act or the
modified 1974 Act and regula-
tion 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 ......................
And for every other mark ...........
If made after expiration of six
months but within twelve
months from the date of acqui-
sition of proprietorship or the
coming into operation of these
Regulations—
For the first mark ......................
And for every other mark ...........
If made after expiration of
twelve months from the date of
acquisition of proprietorship or
of the coming into operation of
these Regulations—
For the first mark ......................
And for every other mark ...........

105.00
5.00

120.00
5.00

125.00
5.00

TM - No. 6
or 7

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

9

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
Form No.

15. On application, under section
26(6) of the 1974 Act or the
modified 1974 Act and regula-
tion 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 ..............
And for every other mark
assigned with the same devolu-
tion of title.................................

60.00

3.00

16. On application, under section
26(6) of the 1974 Act or the
modified 1974 Act and regula-
tion 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...........
Not exceeding two months .........
Not exceeding three months.......

30.00
65.00

100.00

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 ......................... 200.00 TM - No. 9

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

10

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
Form No.

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...
And for every other mark of the
series.........................................

200.00

5.00

TM - No. 9

19. Restoration fee under regula-
tion 59....................................... 120.00 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 trade
mark or service mark from the
register ...................................... 100.00

21. On application, under regula-
tion 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 rectifi-
cation of the register or removal
of trade mark or service mark
from the register ........................ 65.00

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

11

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
Form No.

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 ......................
And for every other entry ...........

35.00
3.00



23. On request, not otherwise
charged, for correction of cleri-
cal error or for permission to
amend application ..................... 25.00

24. On application, under section
36 of the 1974 Act or the
modified 1974 Act and regula-
tion 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 ................................. 25.00 —

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

12

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
Form No.

25. On application, under section
36 of the 1974 Act or the
modified 1974 Act and regula-
tion 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 ......................
And for every other mark ...........

25.00
3.00 —

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........ 20.00 —

27. On request, under section 36(1)
(e) of the 1974 Act or the
modified 1974 Act and regula-
tion 75, by registered proprietor
of a trade mark or a service
mark for entry of disclaimer or
memorandum in the register......

35.00 —

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

13

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
Form No.

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 ......................
And for every other entry
included in the application ........

20.00

5.00



29. For altering one or more entries
of an address for service in the
register included in one applica-
tion for alteration, where the
address and the alteration in
each case are the same—
For the first entry ......................
And for every other entry ...........
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.

20.00
3.00



30. On an application to the Regis-
trar, 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 ser-
vice mark................................... 50.00 —

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

14

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
Form No.

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 ......................
And for every other mark ...........

50.00
20.00



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 ................... 65.00 —

33. On application by registered
proprietor, under section 38 of
the 1974 Act and regulation 5,
for conversion of specification .... 15.00 —

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.............................
For every other mark of the
same proprietor having the
same specification .....................

65.00

5.00

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

15

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
Form No.

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 ............................... 150.00 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 ................... 55.00 TM- No. 12

37. On application, under section
31 of the 1974 Act or the
modified 1974 Act and regu-
lation 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 ......................
And for every other mark of the
proprietor included in the
application and statement of
case...........................................

55.00

5.00

TM- No. 12

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

16

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
Form No.

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 ............................... 80.00 —

39. On application by the proprietor
of more than one trade mark 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 ......................
And for every other mark of the
proprietor for which the same
user is registered, included in
the application...........................

80.00

8.00

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 ....................................... 65.00 —

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

17

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
Form No.

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 ......................
And for every other mark of the
proprietor for which the same
user is registered, included in
the application...........................

65.00

3.00



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 .............................. 65.00 —

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 ......................
And for every other mark of the
same proprietor for which the
same user is registered, inclu-
ded in the application ................

65.00

3.00



GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

18

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
Form No.

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 ........................ 25.00 —

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
registration of a trade mark or a
service mark .............................. 35.00 —

46. 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
registration of a series of trade
marks or service marks (section
24(3) of the 1974 Act or the
modified 1974 Act)..................... 40.00 —

47. For inspecting, or making a
search in any one class of the
register, or inspecting a notice
of opposition, counter-state-
ment or decision in connection
with any opposition or applica-
tion for rectification of the
register relating to any parti-
cular trade mark or service
mark, for every half hour or
part thereof................................ 5.00 —

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
REGULATIONS 1993

19

Col.1
Fee No.

Column 2
Function

Col. 3
Amount

Column 4
Form No.

48. For every entry in the register of
a rectification thereof or an
alteration therein, not otherwise
charged 40.00 —

49. On application to the Registrar
for an extension of time under
regulation 89 for doing any act
or taking any proceeding ........... 25.00 —

50. For office copy of entry in the
register or of document, for
each page or portion of a page ... 3.00 —

51. For certifying office copy, or MS
or photographic or printed
matter ..................................... 15.00 —

Made this 16th day of July, 1993

John H. Sharpe

Acting Minister of Finance