Trade Marks And Service Marks Regulations 1993 (Bermuda)

Trade Marks And Service Marks Regulations 1993

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Trade Marks And Service Marks Regulations 1993
TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

1

BR 31/1993

TRADE MARKS ACT 1974

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

ARRANGEMENT OF REGULATIONS

1 Citation and
commencement

2 Interpretation
3 Forms
4 Classification of goods

and services
5 Application for conversion
6 Proposal for amendment
7 Registration of conversion
8 Size of documents
9 Signature of documents
10 Service of documents
11 Furnishing of address
12 Address for service
13 Agents
14 Marks subject to statutory

restriction
15 Marks requiring

particular consideration
16 Arms of city, etc
17 Living persons etc
18 Goods or services

described on a mark

19 Preliminary advice
20 Application for

registration and request
for amendment

21 Address for applications
22 Separate applications
23 Representation of the

mark
24 Additional forms and

representations
25 Cases of difficulty
26 Retention of specimen or

copy
27 Series of marks
28 Transliteration and

translation
29 British marks
30 Search
31 Acceptance and objection
32 Response to objections
33 Conditions, etc
34 Decision of Registrar
35 Disclaimer

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

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36 Application for a defensive
trade mark

37 Advertisement of
application

38 Advertisement under
section 19 or 37

39 Notice of opposition
40 Contents of notice
41 Counter-statement
42 Evidence in support of

opposition
43 Evidence in support of

application
44 Evidence in reply
45 Further evidence
46 Exhibits
47 Hearing
48 Subsequent extension of

time
49 Withdrawal of appeal
50 Security for costs
51 Costs in uncontested

cases
52 Non-completion
53 Entry in register
54 Associated marks
55 Death of an applicant

before registration
56 Certificate of registration
57 Renewal of registration
58 Notice before expiry of

registration
59 Removal from register -

restoration
60 Endorsement of certificate

of registration
61 Record of removal
62 Joint application for

registration of assignment
or transmission

63 Application by
subsequent proprietor for
registration for
registration of assignment
or transmission

64 Particulars to be stated in
application

65 Case accompanying
application

66 Proof of title
67 Assignment without

goodwill
68 Entry of assignment or

transmission in register
69 Separate registrations
70 Advertisement of

assignment without
goodwill

71 Alteration of address
72 Application for

rectification or removal
73 Further procedure
74 Intervention by third

parties
75 Request for alteration of

the register
76 Evidence for alteration
77 Advertisement of request

to enter disclaimer or
memorandum

78 Application for alteration
of registered mark

79 Advertisement before
decision

80 Alteration of mark
81 Advertisement of altered

mark
82 Application for entry of

registered users
83 Entry of registered user
84 Application to vary entry

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

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85 Application by proprietor
or user to cancel entry

86 Application by any person
to cancel entry

87 Cancellation and striking
out

88 Notification and hearing
89 Extension of time
90 Dispensing with evidence

91 Amendments and
irregularities

92 Certificates by Registrar
93 Search
94 Inspection of documents
95 Days and hours of

business
96 Revocation

The Minister in exercise of the powers conferred upon him by
sections 38 and 39 of the Trade Marks Act 1974 makes the following
Regulations:

Citation and commencement
1 These Regulations may be cited as the Trade Marks and Service
Marks Regulations 1993 and shall come into operation on 19th June,
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;

"agent" means an agent duly authorized to the satisfaction of the
Registrar in accordance with regulation 13(3);

"appropriate fee" means the fee prescribed under the
Government Fees Act 1965;

"form" means the prescribed form in the First Schedule;

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

"Registry" means the office of the Registrar-General;

"specification" means the designation of goods or, as the case
may be, services in respect of which a trade mark or a service
mark, or a registered user of a trade mark or a service mark,
is registered or proposed to be registered.

(2) In these Regulations, references to something being filed at
a place or with a person are to be construed as references to its being
sent to that place or person or made or left at that place or given or made

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

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to or left with that person, or to that person being furnished with it; and
references to the filing of any thing without an indication of the place at
which or person with whom it is to be filed are to be construed as
references to its being filed with the Registrar at the Registry.

Forms
3 (1) The forms mentioned in these Regulations are forms
prescribed by regulations.

(2) The prescribed form of certificate of registration required by
section 21(2) of the 1974 Act and the modified 1974 Act shall be as set
out in the First Schedule.

(3) Where the form of any application, notice or other
document to be used for anything to be done under the 1974 Act or
these Regulations is not prescribed in the First Schedule the application
shall be made, the notice shall be given or the document shall be as near
as may be in the form prescribed in the United Kingdom for the
analogous provisions of the Trade Marks Act 1938 and the Trade Marks
Act 1938 as it has effect with respect to service marks and the rules
made thereunder: however, the Registrar may accept an application,
notice or other document which is not in the form required by this
regulation.

(4) The Registrar may direct that a form prescribed for a
purpose may be modified in such manner as he may direct for other
purposes.

CLASSIFICATION

Classification of goods and services
4 (1) For the purposes of trade mark registrations dated before
1st July 1975 and of registrations of registered users thereunder, goods
are classified in accordance with the Second Schedule except in the case
of a specification converted to the Third Schedule in accordance with
regulation 5.

(2) For the purposes of trade mark registrations dated on or
after 1st July 1975 and of registrations of registered users thereunder,
and for the purposes of any registrations dated before that day in respect
of which the specifications have been converted in accordance with
regulation 5, goods are classified in accordance with Part I of the Third
Schedule.

(3) For the purposes of service mark registrations, services are
classified in accordance with Part II of the Third Schedule.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

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Application for conversion
5 (1) Where the specification of a registered trade mark is
founded on the Second Schedule the registered proprietor may make
application to the Registrar in writing accompanied by the appropriate
fee for the conversion of that specification so that it may be founded on
the Third Schedule, whether with or without the striking out of goods
therefrom, but so that the registration retains its original date, and he
shall include in the application a request for the like conversion of the
specification of the goods of any registered user under that registration.

(2) After receipt of the application the Registrar, in accordance
with section 38(3) of the 1974 Act, shall send to the registered proprietor
a proposal showing the form which, in the Registrar's view, the
amendment of the register shall take.

(3) Two or more registrations of a trade mark in respect of
goods falling within the same class of the Third Schedule, having the
same date of registration, may be amalgamated upon conversion in
accordance with this regulation.

Proposal for amendment
6 (1) The proposal for amendment under section 38(3) of the
1974 Act shall be advertised by the applicant in one issue of the Gazette.

(2) Written notice of opposition shall be given within two
months from the date of the advertisement and shall be accompanied by
the appropriate fee, a duplicate of the notice and a statement in
duplicate showing how the proposed conversion would be contrary to
section 38(2) of the 1974 Act.

(3) The Registrar shall send the duplicate copies to the
registered proprietor, who shall, two months from the date of the
Registrar's letter sending such duplicates, send to the Registrar a
counter-statement setting out fully the grounds on which the opposition
is contested. The counter-statement shall be accompanied by a
duplicate, which the Registrar shall forthwith send to the opponent.

(4) The Registrar may then require or admit evidence directed
to the questions in issue, and if so desired by either party he shall before
deciding the matter, give the parties an opportunity of being heard
thereon.

Registration of conversion
7 (1) When a proposal for conversion of a specification in
accordance with regulation 6 has been advertised and has not been
opposed, and the time for notice has expired, or having been opposed the
opposition has been determined and a conversion allowed, the Registrar

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

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shall make all entries in the register necessary to give effect to the
conversion in accordance with the proposal as advertised or the proposal
as amended after opposition or appeal thereon, and shall enter in the
register the date when the entries were made.

(2) For the purpose of determining the next renewal of a
registration the specification of which has been so converted the
expression "the expiration of the last registration" shall have regard to
the same date as it had, in accordance with section 23(2) of the 1974
Act, with regard to the registration before conversion.

GENERAL POINTS OF PROCEDURE

Size of documents
8 Subject to any other directions that may be given by the
Registrar, all applications, notices, representations or other documents
required by the 1974 Act, the modified 1974 Act or these Regulations to
be left with or sent to the Registrar shall be upon strong paper of a size of
approximately 8½ inches (21.59 cm) by 14 inches (35.56 cm), and,
except in the case of statutory declarations and affidavits, on one side
only, and shall have on the left hand part thereof a margin of not less
than one inch and a half.

Signature of documents
9 (1) A document signed for or on behalf of a firm shall be signed
by all of the partners, by any of the partners stating that he signs on
behalf of the firm or by any other person who satisfies the Registrar that
he is authorised to sign the document.

(2) If a document mentioned in paragraph (1) does not contain
the names of all the partners in full the Registrar may send to the firm a
written request to furnish him with a written statement of those names
and in such a case the Registrar may decline to take any further step in
the matter to which the document in question relates until the firm has
so furnished such a statement.

(3) A document signed for or on behalf of a body corporate
shall be signed by a director or the secretary or other principal officer of
the body or by any other person who satisfies the Registrar that he is
authorised to sign the document.

(4) A document signed for or on behalf of an unincorporated
body or association of persons, other than a firm, may be signed by any
person who satisfies the Registrar that he is authorised to sign the
document.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

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Service of documents
10 All applications, notices, statements, representations or other
documents authorised or required by the 1974 Act, the modified 1974
Act or these Regulations to be made, sent or left with the Registrar, or
any other person may be sent through the post by a prepaid letter.

Furnishing of address
11 Where an address is filed under the 1974 Act, the modified 1974
Act or these Regulations it shall be as full as possible other than the
postal address for the purpose of enabling any other person easily to find
the place of trade or business of the person in question.

Address for service
12 (1) The Registrar may require an applicant, opponent, agent,
registered proprietor or registered user who does not reside or carry on
business within Bermuda to give an address for service within Bermuda
and such address may be treated as the actual address of that person
for all purposes connected with the matter in question.

(2) Any registered proprietor or registered user or any person
about to be registered as such may, if he so desires by notice in writing
accompanied by the appropriate fee, where applicable, give an address
for entry in the register, and such address may be entered by the
Registrar.

(3) All applications for request for entry, alteration or
cancellation in the register of address for service shall be signed by the
applicant for registration or the registered proprietor or the registered
user, as the case may be, or by an agent expressly authorised by him for
the purpose of such an application, unless in exceptional circumstances
the Registrar otherwise allows.

(4) Any thing addressed to a party or person as aforesaid at an
address given by him, or treated by the Registrar, as his address for
service shall be deemed to be properly addressed.

(5) The Registrar, at any time that a doubt arises as to the
continued availability of an address for service entered in the register,
may request the person for whom it is entered, by letter addressed to his
trade or business address entered in the register, to confirm the address
for service, and if within three months from the date of making the
request the Registrar receives no confirmation of that address, he may
strike it off the register.

Agents
13 (1) Except as otherwise required by these Regulations but
without prejudice to regulation 9, any act required or permitted to be

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

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done under the 1974 Act, the modified 1974 Act or these Regulations by
or to any person may be done by or to an agent authorised by that
person orally or in writing.

(2) In any particular case the Registrar may require the
personal signature or presence of any person.

(3) Any such applicant, person making request or giving notice,
proprietor or registered user may appoint an agent to act for him in any
proceeding or matter before or affecting the Registrar under the 1974
Act, the modified 1974 Act and these Regulations by signing and sending
to the Registrar an authority to that effect in Form TM 13, or in such
other written form as the Registrar may deem sufficient.

(4) Where, after a person has become a party to proceedings
before the Registrar, he appoints an agent for the first time or appoints
one agent in substitution for another, the newly appointed agent shall
file Form TM 13 in duplicate on or before the first occasion on which he
acts as agent.

(5) The Registrar may decline to recognise as an agent any
person who is proved to the Registrar or, on appeal, to the Minister to
have been guilty of conduct discreditable to an agent appointed to act in
accordance with this regulation, and without prejudice to the generality
of the foregoing the following shall be regarded as evidence of such
conduct:

(a) conviction of a criminal offence;

(b) having been struck off and not restored to the Roll of the
Court (other than for reasons which would not be
discreditable in a person who was not a barrister and
attorney);

(c) suspension for the time being from acting as a barrister
and attorney.

REGISTRABILITY

Marks subject to statutory restriction
14 (1) The Registrar shall refuse to accept an application of a
mark on which appears the words "Red Cross" or "Geneva Cross" and
representations of the Geneva and other crosses in red, or of the Swiss
Federal Cross in white on a red ground or silver on a red ground, or such
representations in a similar colour or colours.

(2) Where there appears in a trade mark or a service mark the
registration of which is applied for a representation of a cross in any
colour, not being one of those mentioned in paragraph (1), the Registrar

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

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may require the applicant as a condition of acceptance to undertake not
to use the cross device in red, or in white on a red ground or silver on a
red ground, or in any similar colour or colours.

(3) In any case in which there appears on a mark any thing the
use of which by the applicant would not be in violation of paragraph (1)
or (2) but which may be likely to be mistaken for any of the things
mentioned in paragraph (1) or (2), the Registrar shall consider whether, if
otherwise he would accept the application, the acceptance of the
application should be subject to any amendment, modification, condition
or limitation.

Marks requiring particular consideration
15 (1) The Registrar shall consider whether to refuse to accept an
application for the registration of a mark on which any of the following
appear:

(a) representations of the Royal crests or armorial bearings
or of insignia or devices so nearly resembling any of
them as to be likely to be mistaken for them;

(b) representations of the Sovereign or any member of the
Royal Family or any colourable imitation thereof;

(c) representations of the Royal Crown or seal or of the
Royal or national flags;

(d) the use of any words, letters or devices in such a
manner as to be likely to lead persons to think that the
applicant either has or recently has had Royal patronage
or authorisation;

(e) a representation of the arms, or any flag or seal of
Bermuda;

(f) a representation of the arms or emblem of a city or town
in Bermuda or of a public authority or public institution
in Bermuda;

(g) the word or words "Patent", "by Royal Letters Patent",
"Registered Design", "Copyright", "to counterfeit this is a
forgery", or a word or words to the like effect.

(2) Representations of exhibition medals and awards that have
been granted to an applicant or his predecessor in business in respect of
the goods or services for which a trade mark or a service mark is
proposed to be registered may appear on the mark but shall not be
accepted as a registrable feature thereof; but representations of medals

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

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and awards that have not been so granted to the applicant or his
predecessor in business may not appear on the mark.

Arms of city, etc
16 Where a representation of the name, initials, armorial bearings,
insignia, orders of chivalry, decorations or flags of any international
organisation, state, city, borough, town, place, society, body corporate,
institution or person appears on a mark, the Registrar shall consider
whether to refuse to accept an application for the registration of the
mark unless the consent of such official or other person as appears to
the Registrar to be entitled to give consent is filed.

Living persons etc
17 Where the name or representation of any person living or
recently dead appears on a mark, the Registrar shall consider whether to
refuse to accept an application for the registration of the mark unless the
consent of that person or, as the case may be, his legal representative is
filed.

Goods or services described on a mark
18 (1) Where the name or description of any goods appears on a
trade mark or the name or description of any services appears on a
service mark, the Registrar shall consider whether to refuse to register
such mark in respect of any goods or services, as the case may be, other
than the goods or services so named or described.

(2) Where the name or description of any goods appears on a
trade mark or the name or description of any services appears on a
service mark and (in either case) the name or description in use varies,
the Registrar shall consider whether to refuse to permit the registration
of the mark for those and other goods or services, as the case may be,
unless the applicant states in his application that the name or
description will be varied when the mark is used upon goods or services
covered by the specification other than the named or described goods or
services.

Preliminary advice
19 (1) Any person who proposes to apply for the registration of a
trade mark or a service mark in Part A or Part B of the register in respect
of any goods or services may on Form TM 1 or where he is also making
an application under regulation 93(1) on Form TM 2 apply to the
Registrar for advice as to whether the mark of which representations
shall accompany the Form, appears to the Registrar prima facie to be
inherently adapted to distinguish within the meaning of section 10 of the
1974 Act or the modified 1974 Act, as the case may be, in relation to

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

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those goods or services or prima facie to be inherently capable of
distinguishing within the meaning of section 11 of the 1974 Act or the
modified 1974 Act, as the case may be, in relation to these goods or
services, and shall apply separately in relation to those goods or services
comprised within different classes of goods or services as set out in the
Third Schedule.

(2) The application shall be accompanied by the appropriate
fee.

(3) Notice of withdrawal of an application for the registration of
a trade mark or a service mark given under section 41(2) of the 1974 Act
or the modified 1974 Act, as the case may be, for the purpose of
obtaining repayment of any fee paid on the filing of the application shall
be given in writing within two months from the date of the notice of the
Registrar's objection.

APPLICATION FOR REGISTRATION

Application for registration and request for amendment
20 (1) An application for registration of a trade mark or a service
mark in Part A or Part B of the register shall be addressed to the
Registrar on Form TM 3 accompanied by the appropriate fee, shall have
affixed thereto a representation of the mark and shall be signed by the
applicant or his agent.

(2) If the application is made for or on behalf of a partnership
or a body corporate it shall be signed for in the manner provided by
regulation 9 but in either case it may be signed by an agent authorised
in accordance with regulation 13(3).

(3) Each application shall be for registration in respect of one
class only of the Third Schedule.

(4) A request under section 18 of the 1974 Act or the modified
1974 Act for the amendment of an application for registration may be
made in such manner or form as specified by the Registrar.

(5) In the case of an application for registration in respect of all
goods or services included in a class or in respect of a large variety of
goods or services, the Registrar may refuse to accept the application
unless he is satisfied that the specification is justified by the use of the
mark which the applicant has made, or intends to make if and when it is
registered.

Address for applications
21 Any application to register a trade mark and any application to
register a service mark shall be filed with the Registrar at the Registry.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

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Separate applications
22 (1) Applications for the registration of the same mark in
different classes shall be treated as separate and distinct applications.

(2) Where a trade mark is registered under the same official
number for goods in more than one class, whether on conversion of the
specification under regulation 5 or otherwise, the registration in respect
of the goods included in each separate class shall be deemed to be a
separate registration for all the purposes of the 1974 Act.

Representation of the mark
23 (1) Every application for the registration of a trade mark or a
service mark shall contain a representation of the mark in the space
provided on the application form for that purpose.

(2) In any application, the Registrar, if dissatisfied with any
representation of a mark, may at any time require another
representation satisfactory to him to be substituted before proceeding
with the application.

Additional forms and representations
24 Each application shall be accompanied by three additional
representations of the mark exactly corresponding to that affixed to Form
TM 3.

Cases of difficulty
25 Where a representation cannot be filed in accordance with
regulations 23 and 24, a specimen or copy of the mark either of full size
or on a reduced scale may, subject to the consent of the Registrar, be
filed in any convenient form.

Retention of specimen or copy
26 The Registrar shall retain for inspection by the public each
specimen or copy filed under regulation 25 and may refer thereto in the
register in such manner as he may think fit.

Series of marks
27 Where application is made for the registration of a series of trade
marks or service marks under section 24 of the 1974 Act or the modified
1974 Act, a representation of each mark of the series shall be affixed as
aforesaid, to the application form, and three additional sets of
representations shall be supplied therewith.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

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Transliteration and translation
28 (1) Where a trade mark or a service mark contains a word or
words in characters other than Roman, there shall, unless the Registrar
otherwise directs, be endorsed on the application and on each of the
accompanying forms bearing additional representations a sufficient
transliteration and translation of that word or each of those words to the
satisfaction of the Registrar, and every such endorsement shall state the
language to which the word in question belongs and shall be signed by
the applicant or his agent.

(2) Where a trade mark or a service mark contains a word or
words in a language other than English, the Registrar may ask for an
exact translation thereof together with the name of the language, and
such translation and name shall, if he so requires, be endorsed and
signed as provided for in paragraph (1).

British marks
29 An application for a United Kingdom trade mark or service mark
made under section 18(4) of the 1974 Act or the modified 1974 Act shall,
in addition to complying with regulations 20 to 28, be accompanied by a
certificate of the Comptroller - General of the United Kingdom Patent
Office giving full particulars of the registration of the trade mark or
service mark in the United Kingdom.

Search
30 (1) Upon receipt of an application for the registration of a trade
mark or service mark, the Registrar shall, for the appropriate purpose
specified in paragraph (2) or (3), cause a search to be made amongst the
registered marks and pending applications; and the Registrar may cause
the search to be renewed at any time before the acceptance of the
application, but shall not be bound to do so.

(2) In the case of an application for the registration of a trade
mark in respect of any goods the appropriate purpose mentioned in
paragraph (1) is that of ascertaining whether, for the same goods, for the
same description of goods or for services or a description of services
associated with the goods or goods of that description, there are on
record any marks identical with the mark applied for or so nearly
resembling it as to render the mark applied for likely to deceive or cause
confusion.

(3) In the case of an application for the registration of a service
mark in respect of any services the appropriate purpose mentioned in
paragraph (1) is that of ascertaining whether for the same services, for
the same description of services or for goods or a description of goods
associated with the services or services of that description, there are on

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

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record any marks identical with the mark applied for or so nearly
resembling it as to render the mark applied for likely to deceive or cause
confusion.

Acceptance and objection
31 After a search in accordance with regulation 30 and after
consideration of the application and of any evidence of use or
distinctiveness or of any other matter which the applicant may, or may
be required to file, the Registrar may accept it absolutely, or he may
object to it, or he may express his willingness to accept it subject to such
conditions, amendments, disclaimer, modifications or limitations as he
may think right to impose.

Response to objections
32 If the Registrar objects to the application he shall send his
objections to the applicant in writing, and unless within six months from
the date of receipt of those objections the applicant files an application
for a hearing or a considered reply in writing to those objections he shall
be deemed to have withdrawn his application.

Conditions, etc
33 (1) If the Registrar is willing to accept the application subject to
any conditions, amendments, disclaimer, modifications or limitations he
shall send to the applicant written notice of such willingness.

(2) If the applicant objects to such conditions, amendments,
disclaimer, modifications or limitations he shall within six months from
the date of the receipt of the notice apply for a hearing or file his
considered objections in writing, and if he does not do so he shall be
deemed to have withdrawn his application.

Decision of Registrar
34 (1) The decision of the Registrar, at a hearing as in regulation
32 or 33, or without a hearing if the applicant has duly communicated
his considered objections or considered reply in writing, and has stated
that he does not desire to be heard, shall be communicated to the
applicant in writing, and if the applicant objects to such decision he may
within one month by making an application in writing accompanied by
the appropriate fee, require the Registrar to state in writing the grounds
of, and the materials used by him in arriving at, his decision.

(2) Where the Registrar makes any requirements to which the
applicant does not object, the applicant shall comply therewith before the
Registrar issues such statement in writing.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

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(3) The date when the statement is sent to the applicant shall
be deemed to be the date of the Registrar's decision for the purpose of
appeal.

Disclaimer
35 The Registrar may call upon an applicant to insert into his
application such disclaimer as the Registrar may think fit in order that
the public generally may understand what the applicant's rights, if his
mark is registered, will be.

Application for a defensive trade mark
36 (1) An application for the registration of a defensive trade mark
under section 30 of the 1974 Act shall be accompanied by a statement of
case setting forth full particulars of the facts on which the applicant
relies in support of his application, verified by a statutory declaration on
Form TM 11 made by the applicant or some other person approved for
the purpose by the Registrar.

(2) The applicant may file with the statutory declaration or
within such time as the Registrar may allow such other evidence as he
may desire, whether after request made by the Registrar or otherwise,
and the Registrar shall consider the whole of the evidence before deciding
on the application.

(3) Subject to paragraphs (1) and (2), these Regulations shall,
except to the extent that they are inappropriate or it is otherwise
provided, apply to applications for the registration of defensive trade
marks as they apply to applications for the registration of ordinary trade
marks.

ADVERTISEMENT AND OPPOSITION

Advertisement of application
37 (1) An application for registration of a trade mark or a service
mark required or permitted to be advertised by section 19(1) of the 1974
Act or the modified 1974 Act, as the case may be, shall be advertised in
the Gazette.

(2) In the case of an application with which the Registrar
proceeds only after the applicant has filed the written consent to the
proposed registration of the registered proprietor, or the applicant for the
registration, of another mark (whether a trade mark or a service mark)
the words "By Consent" and the number of the other mark shall appear
in the advertisement.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

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(3) If no representation of the mark be included in the
advertisement, the Registrar shall refer in the advertisement to the place
or places where a specimen or copy of the mark is available for
inspection.

Advertisement under section 19 or 37
38 Advertisements under section 19(10), 37(2) and 37(5) of the 1974
Act and the modified 1974 Act shall be made in the same manner, with
such modifications as may be required to suit the circumstances, as
advertisements relating to an application for registration.

Notice of opposition
39 Any person may, within two months from the date of any
advertisement in the Gazette of an application for registration of a trade
mark or a service mark, file in duplicate in writing notice of opposition to
the registration and the Registrar shall forthwith send the duplicate to
the applicant.

Contents of notice
40 (1) Notice of opposition shall include a statement of the
grounds upon which the opponent objects to the registration opposed.

(2) If registration is opposed on the ground that the mark
resembles another mark already on the register or the registration of
which is the subject of a current application, the number and class of
that mark and (except in the case of a mark the subject of an application
not yet advertised) the date of issue of the Gazette in which it has been
advertised shall be set out in the notice.

Counter-statement
41 (1) Within two months from the date of receipt of the duplicate
provided for in regulation 39, the applicant shall file a counter-statement
setting out the grounds on which he relies as supporting his application
and the facts, if any, alleged in the notice of opposition which he admits.

(2) The counter-statement shall be accompanied by a
duplicate.

Evidence in support of opposition
42 Upon receipt of the counter-statement and duplicate provided for
in regulation 41, the Registrar shall forthwith send the duplicate to the
opponent and within six months from the date of receipt of the duplicate
the opponent shall file such evidence by way of statutory declaration as
he may desire to adduce in support of his opposition and shall send to
the applicant a copy of that evidence.

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Evidence in support of application
43 If the opponent files no evidence in accordance with regulation
42 he shall, unless the Registrar otherwise directs, be deemed to have
abandoned his opposition; but if he does so file evidence the applicant
shall, within six months from the date of his receipt of the copy of the
opponent's evidence provided for in regulation 42, file such evidence by
way of statutory declaration as he may desire to adduce in support of his
application and shall send to the opponent a copy of that evidence.

Evidence in reply
44 (1) Within six months of the date of receipt by the opponent of
the copy of the applicant's evidence provided for in regulation 43 the
opponent may file evidence in reply by way of statutory declaration and
shall send to the applicant a copy of that evidence.

(2) Evidence in reply shall be confined to matters strictly in
reply to the applicant's evidence.

Further evidence
45 No further evidence may be filed on either side, except that in
any proceedings before him the Registrar may at any time if he thinks fit
give leave to either party to file evidence upon such terms as to costs or
otherwise as he may think fit.

Exhibits
46 (1) Where there are exhibits to declarations filed as evidence in
an opposition, the party filing them shall, on the request and at the
expense of the other party, send to him a copy or impression of each
exhibit or, if a copy or impression cannot conveniently be sent, the
originals shall be filed so that they may be open to inspection.

(2) The originals shall be produced at the hearing unless the
Registrar otherwise directs.

Hearing
47 (1) As soon as possible after completion of the evidence the
Registrar shall send to the parties notice of a date when he will hear
argument in the case.

(2) The date for hearing argument shall be at least fourteen
days after the date of receipt of the notice by the parties, unless the
parties consent to shorter notice.

(3) Within seven days from the date of receipt of the notice any
party who intends to appear shall give notice in writing and any party

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

18

who does not do so may be treated as not desiring to be heard, and the
Registrar may act accordingly.

Subsequent extension of time
48 Where in opposition proceedings any extension of time is granted
to any party, the Registrar may thereafter, if he thinks fit, without giving
that party a hearing, grant to any other party any reasonable extension
of time, on payment of the appropriate fee, in which to take any
subsequent step.

Withdrawal of appeal
49 Where under section 19(9) of the 1974 Act or the modified 1974
Act an appellant is entitled to withdraw his appeal, the withdrawal shall
be effected by notice given to the Registrar and to the other parties, if
any, to the appeal within seven days after the leave referred to in that
section has been obtained.

Security for costs
50 Where a party filing notice of opposition under regulation 39 or a
counter-statement under regulation 41 neither resides nor carries on
business in Bermuda the Registrar may require him to give security, in
such form as the Registrar may deem sufficient, for the costs or expenses
of such proceedings before the Registrar, for such amount as the
Registrar may see fit, and at any stage in the opposition proceedings may
require further security to be given at any time before giving his decision
in the case.

Costs in uncontested cases
51 In deciding whether costs or expenses should be awarded to an
opponent where opposition is not contested by the applicant the
Registrar shall consider whether proceedings might have been avoided if
reasonable notice had been given by the opponent to the applicant before
the notice of opposition was filed.

REGISTRATION AND RENEWAL

Non-compliance
52 (1) Where the registration of a trade mark or a service mark is
not completed within twelve months from the date of application by
reason of default on the part of the applicant, the Registrar shall give
written notice to the applicant or his agent of such non-completion.

(2) If after fourteen days from the date when the notice was
sent or such further time as the Registrar may allow, the registration is
not completed, the application is deemed to be abandoned.

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Entry in register
53 (1) As soon as may be after the expiry of the period of two
months from the date of the advertisement in the Gazette of an
application for the registration of a trade mark or a service mark, the
Registrar shall, subject to any opposition and the determination thereof
and subject also to the provisions of section 21(1) of the 1974 Act or the
modified 1974 Act, as the case may be, and upon receipt of Form TM 4,
accompanied by the prescribed fee, enter the mark in the register.

(2) The entry of a trade mark or a service mark in the register
shall give the date of the registration, the goods or services in respect of
which it is registered and all the particulars specified in section 2(1) of
the 1974 Act or the modified 1974 Act, as the case may be, including -

(a) the name and the trade or business address of the
proprietor (including the name of all the partners where
the proprietor is a firm);

(b) particulars of any undertakings given by the proprietor
and entered on the form of application; and

(c) particulars affecting the scope of the registration or the
rights conferred by it.

(3) In the case of an application which the Registrar accepts
only after the applicant has filed the written consent to the proposed
registration of the registered proprietor of another trade mark or service
mark or another applicant for registration, the entry in the register shall
state that it is "By Consent" and shall give the number of the other
registration or application.

Associated marks
54 (1) Where a mark is registered as associated with any other
mark or marks the Registrar shall note in the register in connection with
the first mentioned mark the numbers of the marks with which it is
associated and shall also note in the register in connection with each of
the associated marks the number of the first-mentioned mark as being a
mark associated with it.

(2) An application under section 25(4) of the 1974 Act or the
modified 1974 Act for the dissolution of the association between two or
more associated marks shall be made in writing, accompanied by the
appropriate fee and shall include a statement of the grounds of the
application.

Death of an applicant before registration
55 In the case of the death of any applicant for the registration of a
trade mark or a service mark after the date of his application, and before

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20

the trade mark or service mark has been entered on the register, the
Registrar, after the expiration of the prescribed period of advertisement
and the determination of any opposition to the application, may, on
being satisfied of the applicant's death, enter on the register, in place of
the name of such deceased applicant, the name, address and description
of the person owning the trade mark or service mark, on such ownership
being proved to the satisfaction of the Registrar.

Certificate of registration
56 Upon registration of a trade mark or a service mark the Registrar
shall send to the proprietor a certificate of registration in Form TM 5 and
shall affix thereto a copy of the mark supplied by the applicant under
regulation 24.

Renewal of registration
57 (1) At any time not more than three months before the
expiration of the last registration of a trade mark or a service mark any
person may make application to the Registrar for the renewal of the
registration of the mark upon Form TM 9 and, if he is not the registered
proprietor, shall sign a statement that he is making application on behalf
of the proprietor (if such be the case) and shall give his address.

(2) An application under this regulation shall be accompanied
by the appropriate renewal fee.

Notice before expiry of registration
58 At a date not less than one month and not more than two
months before the expiration of the last registration of a mark, if no Form
TM 9 accompanied by the appropriate renewal fee has been received, the
Registrar shall notify the registered proprietor in writing of the
approaching expiration.

Removal from register - restoration
59 Where at the expiration of the last registration of a mark the
appropriate renewal fee has not been paid, the Registrar may remove the
mark from the register with effect from the date of expiration, but he may
on application in writing on Form TM 9 made within six months from the
date of the expiration accompanied by Form TM 10, the appropriate
renewal fee and the appropriate restoration fee, restore the mark to the
register if satisfied that it is just to do so, and upon such conditions as
he may think fit to impose.

Endorsement of certificate of registration
60 If so requested by the registered proprietor the Registrar shall
make an endorsement of the renewal on the certificate of registration.

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Record of removal
61 Where a mark has been removed from the register, the Registrar
shall cause to be entered in the register a record of the removal and of its
cause.

Joint application for registration of assignment or transmission
62 Where a person becomes entitled by assignment or transmission
to a registered trade mark or a registered service mark he may, conjointly
with the registered proprietor, make application to the Registrar on Form
TM 6 to register his title and such application shall be accompanied by
the appropriate fee.

Application by subsequent proprietor for registration of assignment
or transmission
63 Where a person becomes entitled to a registered trade mark or a
registered service mark in the manner referred to in regulation 62, and
no conjoint application as therein mentioned is made, he shall make the
application to the Registrar on Form TM 7 to register his title and such
application shall be accompanied by the appropriate fee.

Particulars to be stated in application
64 An application under regulation 62 or 63 shall contain the name,
trade or business address, nationality and description of the person
claiming to be entitled, together with full particulars of the instrument, if
any, under which he claims his entitlement, and such instrument shall
be produced to the Registrar for inspection, preferably at the time of
application. The full names of all the partners shall be given in the body
of the application. The Registrar may in any case require and retain an
attested copy of any instrument produced for inspection in proof of title,
but such copy shall not be open for public inspection.

Case accompanying application
65 (1) Where in an application on Form TM 6 or Form TM 7 the
person applying for registration of his title does not claim under any
document or instrument which is capable in itself of furnishing proof of
his title, he shall, unless the Registrar otherwise directs, either upon or
with the application, state a case setting forth the full particulars of the
facts upon which his claim to be proprietor of the mark is based, and
showing that it has been assigned or transmitted to him.

(2) If the Registrar so requires, the case shall be verified by a
statutory declaration on Form TM 8.

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Proof of title
66 The Registrar may call upon any person who applies to be
registered as proprietor of a registered trade mark or a registered service
mark for such proof or additional proof of title as he may require for his
satisfaction.

Assignment without goodwill
67 (1) An application under regulation 62 or 63 relating to an
assignment of a trade mark or a service mark in respect of any goods or
services shall state—

(a) whether the mark was, at the time of the assignment,
used in a business of any of those goods or services, as
the case may be; and

(b) whether the assignment was made otherwise than in
connection with the goodwill of that business,

and if both those circumstances subsist the applicant shall leave with
the Registrar a copy of the Registrar's directions to advertise the
assignment, obtained under section 26(6) of the 1974 Act or the modified
1974 Act, as the case may be, and regulation 70, and such proof,
including copies of advertisements or otherwise, as the Registrar may
require that his directions have been fulfilled; however, if the Registrar is
not satisfied that the directions have been fulfilled, he shall not proceed
with the application.

(2) For the purposes of section 31A (4) of the 1974 Act and the
modified 1974 Act, the period within which a corporation may be
registered as the subsequent proprietor of a registered trade mark or a
registered service mark upon application under regulation 62 or 63 shall
be six months from the date on which the mark was entered in the
register or such further period not exceeding six months as the Registrar
may allow on application made by the applicant in writing accompanied
by the appropriate fee for registration of title or the registered proprietor,
as the case may be, at any time before or during the period for which
extension may be allowed.

Entry of assignment or transmission in register
68 (1) When the Registrar is satisfied as to the title of the person
claiming to be registered, he shall cause him to be registered as
proprietor of the mark in question in respect of the relevant goods or
services and shall enter in the register his name, trade or business
address, nationality and other description, and particulars of the
assignment or transmission.

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23

(2) If so requested by the registered proprietor the Registrar
shall make an endorsement of the assignment or transmission on the
certificate of registration.

Separate registrations
69 Where, pursuant to an application under regulation 62 or 63
and as a result of a division and separation of the goods or services of a
registration or a division and separation of places or markets, different
persons become registered separately, whether or not under different
official numbers, as subsequent proprietors of a trade or a service mark,
each of the resulting separate registrations in the names of those
different persons shall be treated as a separate registration for all the
purposes of the 1974 Act or the modified 1974 Act, as the case may be.

Advertisement of assignment without goodwill
70 (1) An application to the Registrar under section 26(6) of the
1974 Act or the modified 1974 Act shall be in writing accompanied by
the appropriate fee and shall state the date on which the assignment was
made.

(2) In the case of a registered trade mark or a registered service
mark, the application shall give particulars of the registration and, in the
case of an unregistered trade mark or a service mark, the application
shall show the mark and give particulars of the registered mark that has
been assigned with it in accordance with section 26(2) of the 1974 Act or
the modified 1974 Act.

(3) The Registrar may call for any evidence or further
information and, if he is satisfied about the matters in question he shall
issue directions in writing with respect to the advertisement of the
assignment.

(4) A request to the Registrar for an extension of the period
within which the application may be made, may be made at any time
before or during the period for which extension may be allowed on
payment of the appropriate fee; however, the extension of the period
which the Registrar may allow shall not exceed three months.

Alteration of address
71 (1) A registered proprietor or a registered user of a trade mark
or a service mark whose—

(a) trade or business address is changed; or

(b) given address for service as entered in the register is no
longer appropriate whether by reason of discontinuance
of the entered address or otherwise,

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24

so that the entry in the register is rendered incorrect shall forthwith in
writing request the Registrar to make the appropriate alteration of the
address in the register and the Registrar shall, if he is satisfied in the
matter, alter the register accordingly.

(2) The request shall be accompanied by the appropriate fee.

(3) A registered proprietor or registered user of a trade mark or
a service mark whose registered address for trade or business is altered
by a public authority, so that the changed address designates the same
premises as before, may make in writing a request to the Registrar
without payment of the appropriate fee to make the appropriate
alteration of the address in the register and if the Registrar is satisfied as
to the facts of the case, he shall alter the register accordingly.

(4) In the case of the alteration of the address of a person
entered in the register as the address for service of more than one
registered proprietor or registered user of trade marks or service marks,
the Registrar may, on proof that the said address is the address of the
applicant and if satisfied that it is just to do so, accept an application
from the person either on payment of the appropriate fee or otherwise, as
the Registrar may think fit, amended so as to suit the case for the
appropriate alteration of the entries of his address as the address for
service in the several registrations, particulars of which shall be given by
the person making the request, and alter the entries accordingly.

(5) All applications under this regulation shall be signed by the
registered proprietor or the registered user, as the case may be, or by the
agent expressly authorised by the registered proprietor or the registered
user, as the case may be, for the purpose of such applications, unless in
exceptional circumstances the Registrar otherwise allows.

Application for rectification or removal
72 (1) An application to the Registrar under section 29, 30, 34 or
35 of the 1974 Act or section 29, 34 or 35 of the modified 1974 Act for
making, expunging or varying an entry in the register shall be made in
writing accompanied by the appropriate fee and a statement setting out
fully the nature of the applicant's interest, the facts on which he bases
his case and the relief which he seeks.

(2) Where the application is made by a person who is not the
registered proprietor of the mark in question it shall be accompanied by
two additional copies of the application and two additional copies of the
statement and the Registrar shall forthwith send these copies to the
registered proprietor at his trade or business address as entered in the
register, and, if an address for service different therefrom is entered in
the register, at that address also.

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Further procedure
73 (1) Where an application under regulation 72 is made and
appropriate copies thereof are sent to the registered proprietor, the
provisions of regulations 41 to 51 shall apply to the further proceedings
on the application with such modifications as may be required to suit the
circumstances; but the Registrar shall not rectify the register or remove
the mark in question from the register for the sole reason that the
registered proprietor has not filed a counter-statement.

(2) In any case of doubt arising under this regulation any party
may apply to the Registrar for directions.

Intervention by third parties
74 (1) Any person other than the registered proprietor alleging
interest in a registered trade mark or a registered service mark in respect
of which an application is made under regulation 72 may apply to the
Registrar for leave to intervene, stating therein the nature of his interest
and the Registrar may, after hearing, if so required, the parties
concerned, refuse or grant such leave upon such terms and conditions
as he may think fit.

(2) Before dealing in any way with an application for leave to
intervene the Registrar may require the applicant to give an undertaking
to pay such costs as he may award to any party.

(3) An application for leave to intervene shall be accompanied
by the appropriate fee.

Request for alteration of the register
75 (1) An application to the Registrar under section 36(1) of the
1974 Act or the modified 1974 Act for the alteration of the register shall
be made in writing and accompanied by the appropriate fee.

(2) Requests under section 36(2) of the 1974 Act or the
modified 1974 Act shall be made in writing and accompanied by the
appropriate fee by a registered user of a mark, or by such person as may
satisfy the Registrar that he is entitled to act in the name of the
registered user; however, the Registrar may require such evidence by
statutory declaration or otherwise as he may think fit as to the
circumstances in which the request is made.

(3) Where it appears to the Registrar that the description
formerly entered in the register of the registered proprietor or registered
user of a trade mark is no longer correct, he may, if he thinks fit, remove
it from the register.

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26

Evidence for alteration
76 Where an application is made under section 36 of the 1974 Act
or the modified 1974 Act, the Registrar may require such evidence by
statutory declaration or otherwise as he may think fit as to the
circumstances in which the application is made.

Advertisement of request to enter disclaimer or memorandum
77 (1) Before deciding on an application made under section
36(1)(e) of the 1974 Act or the modified 1974 Act for the entry of a
disclaimer or memorandum, the Registrar, shall advertise the application
in the Gazette to enable any person wishing to do so to state, within one
month from the date of the advertisement, any reasons in writing against
the making of the entry.

(2) An application referred to in paragraph (1) shall be
accompanied by the appropriate fee.

Application for alteration of registered mark
78 Application under section 37 of the 1974 Act or the modified
1974 Act for addition to or alteration of a registered trade mark or a
registered service mark shall be made in writing accompanied by the
appropriate fee and four representations of the mark as it will appear
when added to or altered.

Advertisement before decision
79 (1) The Registrar shall consider each application and shall, if it
appears to him expedient, require the applicant to advertise the
application in one issue of the Gazette before deciding it.

(2) Within two months from the date of the advertisement any
person may give written notice of opposition to the application
accompanied by the appropriate fee and a duplicate of the notice, and
may also send therewith a further statement of his objections in
duplicate.

(3) The Registrar shall send the duplicate notice and the
duplicate of any further statement of objections to the applicant, and the
provisions of regulations 41 to 51 shall apply to the further proceedings
on the application with such modifications as may be required to suit the
circumstances.

(4) In any case of doubt arising under this regulation any party
may apply to the Registrar for directions.

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Alteration of mark
80 If the Registrar decides to allow an application made in
accordance with regulation 78 he shall add to or alter the mark in the
register.

Advertisement of altered mark
81 In respect of an application to alter a registered mark the
Registrar may at any time require the applicant to supply to the printer a
printing block satisfactory to the Registrar and suitable for advertising
the mark with the addition or the alteration as aforesaid, if in the opinion
of the Registrar an advertisement describing the addition or the
alteration in words would not be likely to be understood by persons
interested in the matter.

REGISTERED USERS

Application for entry of registered users
82 An application under section 31 of the 1974 Act or the modified
1974 Act for the registration of a person as a registered user of a
registered trade mark or a registered service mark shall be made by that
person and the registered proprietor on Form TM 12 and shall be
accompanied by the appropriate fee and where the said person is a firm
the full names of all the partners shall be given in the application.

Entry of registered user
83 (1) The entry of a registered user in the register shall state the
date on which the application for the entry was made and that date shall
be deemed to be the date on which the person mentioned in the entry as
a registered user was so registered.

(2) The entry shall state the name and the trade or business
address of the registered user (including the names of all the partners
where the registered user is a firm), and any address for service given
under regulation 13.

(3) The Registrar shall send to the registered proprietor of the
trade mark or the service mark in question and to the registered user
notification in writing of the registration of the registered user.

Application to vary entry
84 An application by the registered proprietor of a trade mark or a
service mark for the variation of the registration of a registered user of
the mark under section 31(10)(a) of the 1974 Act or the modified 1974
Act shall be made in writing, and shall be accompanied by the
appropriate fee and by a statement of the grounds on which it is made,

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28

and, where the registered user in question consents, by the written
consent of that registered user.

Application by proprietor or user to cancel entry
85 An application by the registered proprietor or any registered user
of a trade mark or a service mark for the cancellation of the registration
of a registered user of that trade mark or service mark under section
31(10)(b) of the 1974 Act or the modified 1974 Act, as the case may be,
shall be made in writing and be accompanied by the appropriate fee and
a statement of the grounds on which the application is made.

Application by any person to cancel entry
86 An application for the cancellation of the registration of a
registered user under section 31(10)(c) of the 1974 Act or the modified
1974 Act shall be made in writing and be accompanied by the
appropriate fee and a statement of the grounds on which the application
is made.

Cancellation and striking out
87 (1) Where in accordance with section 31(6)(d) of the 1974 Act or
the modified 1974 Act, the registration of a registered user is for a
period, the Registrar shall cancel the relevant entry at the end of the
period.

(2) Where some or all of the goods or services, as the case may
be, are struck out from those in respect of which a trade mark or a
service mark is registered, the Registrar shall at the same time strike
them out from those specifications of registered users of the mark in
which they are comprised.

(3) The Registrar shall send written notice of every cancellation
or striking out under this regulation to the registered users whose
permitted use is affected thereby and to the registered proprietor of the
trade mark or the service mark in question.

Notification and hearing
88 (1) The Registrar shall send written notice of applications
under regulations 84, 85 or 86 to the registered proprietor and to each
registered user (not being the applicant) whose registration is the subject
of any such application and shall advertise the application in the
Gazette.

(2) Any person who intends to intervene in the proceedings
shall within two months from the date of the publication of the
advertisement give written notice to the Registrar accompanied by the

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29

appropriate fee together with a statement of the grounds of his
intervention.

(3) The Registrar shall send copies of the notice and the
statement referred to in paragraph (2) to the applicant, the registered
proprietor, each registered user whose registration is the subject of the
application and any other registered user who intervenes.

(4) Any of the persons mentioned in paragraph (3) may, within
such time or times as the Registrar may appoint, leave evidence in
support of his case and the Registrar, after giving such persons an
opportunity of being heard, may accept or refuse the application or
accept it subject to any conditions, amendments, modifications or
limitations he may think right to impose.

SUPPLEMENTARY

Extension of time
89 (1) If in any particular case the Registrar is satisfied that the
circumstances are such as to justify an extension of time for doing any
act or taking any proceeding under these Regulations, not being a time
expressly provided in the 1974 Act or the modified 1974 Act or
prescribed by regulation 67 or 70 or paragraph (4) below, he may extend
the time upon such notice to other parties and upon such terms as,
subject to paragraph (5) below, he may direct.

(2) An extension may be granted although the time has expired
for doing the act or taking the proceeding in question.

(3) Where the time in respect of which an extension is sought is
prescribed in regulation 6, 39, 41, 42, 43, 44, 77, 79 or 88, the party
seeking the extension shall send to every other person who at the time is
a party to the proceedings a copy of the request for extension filed with
the Registrar.

(4) Any such person may, within one month from the date of
receipt of the copy referred to in paragraph (3), file observations on the
request for extension.

(5) In considering whether to grant an extension of time in a
case falling within paragraph (3) the Registrar shall take account of any
observations filed under paragraph (4) and he shall send a copy of his
decision to the party seeking the extension and to every other person
referred to in paragraph (3).

Dispensing with evidence
90 Where under these Regulations any person is required to do any
act or thing or any document or evidence is required to be filed and it is

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30

shown to the satisfaction of the Registrar that from any reasonable cause
that person is unable to do that act or thing or that document or
evidence cannot be filed, the Registrar may, upon the filing of such
evidence and subject to such terms as he thinks fit, dispense with the
doing of any such act or thing or the filing of such document or evidence.

Amendments and irregularities
91 Any document filed in any proceedings before the Registrar and
any drawing or representation of a trade mark or a service mark may, if
the Registrar thinks fit, be amended, and any irregularity in procedure in
or before the Registry may be rectified, on such terms as the Registrar
may direct.

Certificates by Registrar
92 (1) Subject to paragraph (2), any person may in writing request
the Registrar to give a certificate as to any entry, matter or thing which is
authorised or required by the 1974 Act or the modified 1974 Act or these
Regulations to make or do, other than a certificate of registration issued
under section 21(2) of the 1974 Act or the modified 1974 Act.

(2) Before giving a certificate under paragraph (1), the Registrar
must be paid the appropriate fee and he may, if he thinks fit, require the
person making the request to show to his satisfaction an interest in the
entry, matter or thing in question.

(3) The Registrar shall not be obliged to include in the
certificate a copy of any mark unless the person making the request has
filed such a copy suitable for the purpose.

Search
93 (1) Any person may request the Registrar, on Form TM 2
accompanied by the appropriate fee, to cause a search to be made in
respect of specified goods or services classified in any one class of the
Second or the Third Schedule to ascertain whether any mark is on
record at the date of the request which resembles a mark of which
duplicate representations accompany the Form.

(2) The Registrar shall cause such a search to be made and the
person making the request to be informed of the result thereof.

Inspection of documents
94 (1) Subject to paragraph (2), the Registrar shall on presentation
of Form TM 14 accompanied by the appropriate fee, permit a person to—

(a) inspect or make a search in any one class of the register;

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

31

(b) inspect a notice of opposition, counter-statement or
decision in connection with any opposition or application
for rectification of the register relating to any trade mark
or service mark;

(c) inspect specimens and copies retained under regulation
26.

(2) The Registrar shall not be obliged to permit a document to
be inspected under paragraph (1) until he has completed any procedure
which he is required or permitted to carry out with respect to it by virtue
of the 1974 Act or the modified 1974 Act or these Regulations.

(3) The Registrar shall not permit any other filed document to
be inspected under this Regulation.

Days and hours of business
95 The Registry shall be open to the public and the register shall be
open to inspection, every weekday, except Saturday, between the hours
of 8.30 a.m. and 5.00 p.m.

Revocation
96 The Trade Marks Regulations 1975 are revoked.

FIRST SCHEDULE

FORMS Regulation 3

Form TM - 1

THE TRADE MARKS ACT 1974
AND THE TRADE MARKS (MODIFICATION AND AMENDMENT)

ACT 1991

Request for Registrar's preliminary advice as to distinctiveness or
capability of distinguishing by a person proposing to apply for the

registration of a trade mark or service mark (section 41 and regulation
19)

I/We, (a) ........................................................................ (a) Here insert full
......................................................................... name and

address
.........................................................................
.........................................................................

hereby request the Registrar to advise me/us whether the trade
mark/service mark shown on the accompanying foolscap sheet appears

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

32

to him prima facie to be inherently adapted to distinguish or inherently
capable of distinguishing my/our goods/services so as to comply with
the requirements of section 10 or section 11, respectively, of the 1974
Act/the modified 1974 Act for registrability in Part A or Part B of the
register.

The goods/services in respect of which I/we propose to apply for
registration of the said trade mark/service mark are (b)

.......................................................................... (b) Here specify the

.......................................................................... goods or services.

.......................................................................... Only goods/

.......................................................................... services included

.......................................................................... one class should

.......................................................................... be specified. A

.......................................................................... separate form of

.......................................................................... request is requi

........................................................................... red for each class.

........................ (in class (c) ............................. (c) Here insert the

.......................................................................... number of the

.......................................................................... class (if known).

.......................................................................... In case of doubt,

.......................................................................... the Registrar's

.......................................................................... direction may be

.......................................................................... obtained.

Dated this ......... day of ............................. 19........

(d) .........................................................................

To The Registrar of Trade Marks, Bermuda.

Note: If an application is made to register the
trade mark/service mark, objection may arise if
identical or resembling trade mark/service
marks are found on the register. A prior
notification of any such relevant marks (if any
are to be found) can be obtained by a request to
the Registrar made on Form TM - 2.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

33

Form TM - 2

THE TRADE MARKS ACT 1974 AND THE TRADE MARKS
(MODIFICATION AND AMENDMENT) ACT 1991

I - Request for search under regulation 93

The Registrar is hereby requested under regulation 93 * The Registrar's
to search in class * ....................................................... direction should
in respect of (a) ......................................................... be obtained if the
class is not.................................................................... class is not
..................................................................................... known.
..................................................................................... (a) Here specify the
..................................................................................... goods/services (in
..................................................................................... the class stated)
..................................................................................... in respect of
..................................................................................... which the search
..................................................................................... is to be made.

to ascertain whether any trade mark/service marks
are on record which resemble the trade mark/service
mark sent herewith mounted on a foolscap sheet.

Dated this .......... day of ..........................., 19 ...

(b) .............................................................. (b) Signature.

(c) .............................................................. (c) Address.

________________________________________________

II - Request for Registrar's preliminary advice as to distinctiveness or
capability of distinguishing, by a person proposing to apply for the

registration of a trade mark/service mark (section 41 and regulation 19)

I/ We, (a) .............................................................. (a) Here insert full
.............................................................. name and
.............................................................. address.

hereby request the Registrar to advise me/us whether
the trade mark/service mark referred to above
appears to him prima facie to be inherently adapted to
distinguish or inherently capable of distinguishing
my/our goods/services above mentioned so as to
comply with the requirements of section 10 or section
11, respectively, of the 1974 Act/the modified 1974
Act, for registrability in Part A or Part B of the register.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

34

Dated this ............. day of .............................., 19 ...

(b) .............................................................. (b) Signature.

To the Registrar of Trade Marks, Bermuda.

Note: Part 1 must be completed.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

35

Form TM - 3

THE TRADE MARKS ACT 1974 AND THE TRADE MARKS
(MODIFICATION AND AMENDMENT) ACT 1991

Application for registration of trade mark/service mark or series of trade
marks/service marks in Part* of the Register (section 8, regulation 20(1);

section 24 and regulation 27)

Application is hereby made for registration in Part*
....................... of the register of the trade mark/service mark mounted
on the attached foolscap sheet in class ..................................................
......................................................................................................... in
respect of (a) .......................................................................................
................................................................................................................
in the name of (b) ...................................................................................
................................................................................................................
whose trade or business address is (c) ......................................................
................................................................................................................
trading as (d) .......................................................................................
by whom it is (e) proposed to be used and who claim(s) to be the
proprietor(s) thereof.

(f) ............................................................................................
................................................................................................................
................................................................................................................

Three additional unmounted representations of the trade
mark/service mark are attached.

Dated this ............ day of ...................................., 19 .......

(g) ....................................................

To the Registrar of Trade Marks, Bermuda

______________________________________________________________________

(*) Write distinctly here "A" or "B", according to the registration desired.
(a) Here specify the goods/services. Only goods/services included in one

class should be specified. A separate application form is required for
each class.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

36

(b) Here insert legibly the full name, description (e.g. manufacturers;
merchants; manufacturers & merchants; manufacturing chemists;
importers and exporters; printers), and nationality of the individual, firm
or body corporate making the application. The names of all partners in a
firm must be given in full. If the applicant is a body corporate, the kind
and country of incorporation should be stated.

(c) Here insert the full trade or business address of the applicant.
(d) Here insert the trading style (if any).
(e) If the mark is already in use, strike out the words "proposed to be" and

insert "being".
(f) For additional matter if required otherwise to be left blank.
(g) Signature.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

37

Form TM - 4

THE TRADE MARKS ACT 1974 AND THE TRADE MARKS
(MODIFICATION AND AMENDMENT) ACT 1991

Application for Entry of Trade Mark/Service Mark in the Register and
issue of Certificate of Registration.

Application No. .......... for the registration of trade mark/service
mark ....................................................... has been advertised in the
Gazette of the ............. day of ....................................., 19 .... and I/we
now request that the mark be entered in the register and that a
certificate of registration be issued to me/us.

Dated this .......... day of ..............................., 19 .........

(a).......................................................

To the Registrar of Trade Marks, Bermuda.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

38

Form TM - 5

THE TRADE MARKS ACT 1974 AND THE TRADE MARKS
(MODIFICATION AND AMENDMENT) ACT 1991

Certificate of Registration

It is hereby certified that the trade mark/service mark a speci-
men of which is hereunto annexed has been registered in Part ................
of the register in the name of
................................................................................................................
on class ............... under No. ............ as of the date of .............................
19......., in respect of ................................................................................

Sealed at my direction this ......... day of ..........................., 19....

Registrar of Trade Marks

Trade Marks Registry,
Officer of the Registry,
Bermuda.

Note: 1. Registration is for a period of 7 years from the date
first above-mentioned. At the end of that period it may
be renewed for 14 years, after which it may be
renewed successively for further periods of 14 years.

2. Upon any change of ownership of this trade
mark/service mark, or change in address, application
should AT ONCE be made to the Registrar to register
the change.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

39

Form TM - 6

THE TRADE MARKS ACT 1974 AND THE TRADE MARKS
(MODIFICATION AND AMENDMENT) ACT 1991

Joint request to the Registrar by Registered Proprietor and Transferee to
register the Transferee as subsequent Proprietor of Trade Marks/Service

Marks upon the same devolution of title (regulations 62, 64 to 67)

We, (a) .................................................................................................
................................................................................................................
and (b) .................................................................................................
................................................................................................................
hereby request, under regulation 62, that the name of (c).........................
................................................................................................................
carrying on business as (d).......................................................................
................................................................................................................
at (e) .................................................................................................
may be entered in the Register of Trade Marks as proprietor of the trade
mark/service mark/s No. ........................* in class ..................................
as from the (f)...........................................................................................
................................................................................................................
by virtue of (g) ..........................................................................................
(h) The trade mark/service mark at the time of the assignment was
(h)(not) used in a business in the goods/services in question, and the
assignment (took) (h) (did not take) place on or after the commencement
of the Trade Marks Act 1974 otherwise than in connection with the
goodwill of a business in the goods/services (h) and there is sent
herewith a copy of the Registrar's direction to advertise the assignment, a
copy of each of the advertisement complying therewith, and a statement
of the dates of issue of any publications containing therein.

Dated this ............ day of ..............................., 19 .......
(i)..........................................................................
(j)..........................................................................

To the Registrar of Trade Marks, Bermuda.

Note: The instrument under which the transferee claims should preferably
accompany this form.

_______________________________________________________________________

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

40

(a) Name and address of registered proprietor, or other assignor or
transmitter.

(b) Full name, trade address and nationality of transferee.
(c) Name of transferee.
(d) Description of transferee.
(e) Trade or business address of transferee.
(*) Additional numbers may be given in a signed schedule on the back of this

form.
(f) Date of acquisition of proprietorship.
(g) Full particulars of the instrument of assignment or transmission, if any,

or statement of case.
(h) Strike out any words not applicable (see regulation 67).
(i) Signature of assignor or transmitter.
(j) Signature of transferee.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

41

Form TM - 7

THE TRADE MARKS ACT 1974 AND THE TRADE MARKS
(MODIFICATION AND AMENDMENT) ACT 1991

Request to the Registrar to register a subsequent Proprietor of a Trade
Mark/Service Park or Trade Marks/Service Marks upon the same

devolution of title (regulations 63 to 67)

I/We, (a) ......................................................................................................
................................................................................................................................
hereby request under regulation 63, that my/our name..........................................
................................................................................................................................
may be entered in the Register of Trade Marks as proprietor...................................
................................................................................................................................
of trade mark/service mark No. .............. *in class..................................................
as from the (b) .........................................................................................................

I am/We are entitled to the trade mark/service mark(s) by virtue of
.....(c)

................................................................................................................................

................................................................................................................................

................................................................................................................................

There is sent herewith a copy of the Registrar's direction to advertise the
assignment, a copy of each of the advertisement complying therewith, and a
statement of the dates of issue of any publications containing them. (d)
..................................................................

Dated this ............. day of ..................................., 19 .....

(e).........................................................................................

To the Registrar of Trade Marks, Bermuda.

Note: The instrument under which the transferee claims should
preferably accompany this form.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

42

______________________________________________________________________

(a) Here insert full name, trade or business address, nationality and
description.

(*) Additional numbers may be given in a signed schedule on the back of
this form.

(b) Date of acquisition of proprietorship.
(c) Here insert full particulars of the instrument of assignment or

transmission, if any, or statement of case.
(d) Strike out any words not applicable (see regulation 67).
(e) Signature.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

43

Form TM - 8

THE TRADE MARKS ACT 1974 AND THE TRADE MARKS
(MODIFICATION AND AMENDMENT) ACT 1991

Declaration (only to be furnished when requested by Registrar) in
support of Statement of Case accompanying Form TM-6 or TM-7

(regulation 65)

I, ........................................................................................................................
of ........................................................................................................................
................................................................................................................................
do hereby solemnly and sincerely declare that the particulars set out in the
statement of case, exhibit marked ...........................................................................
and left by me in connection with my request to be registered as subsequent
proprietor of the trade mark/service mark No. ............. in class ................, are
true and comprise every material fact and document affecting the present
proprietorship of the trade mark/service mark.

(a) And I make this solemn declaration conscientiously believing the
same to be true.

(b) .....................................................................................

.....................................................................................

Declared at ............................................................................................

this ........... day of .................................., 19 ............

Before me (c) .......................................................................

.......................................................................

To the Registrar of Trade Marks, Bermuda.

________________________________________________________________

(a) If made elsewhere than Bermuda a proper clause must be added.
(b) To be signed by the person making the declaration.
(c) Signature and title of authority before whom the declaration is made.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

44

Form TM - 9

THE TRADE MARKS ACT 1974 AND THE TRADE MARKS
(MODIFICATION AND AMENDMENT) ACT 1991

Renewal of Registration of Trade Mark/Service Mark (section 23 and
regulation 57)

(This form should not be filed more than three months before the
expiration of the last registration)

I/We, (a) ......................................................................................

................................................................................................................

................................................................................................................

hereby make application for the renewal of registration of the trade
mark/service mark No. ......................, in class .................................., *
on behalf of the proprietor of the trade mark/service mark, that is to say
(b) .........................................................................................................

................................................................................................................

The appropriate renewal fee is forwarded herewith.

Dated this ......... day of ..................................., 19 ........

(c) ..............................................................
(d) ..............................................................

To the Registrar of Trade Marks, Bermuda.

______________________________________________________________________

(a) Here insert full name/s and address/es.
(*) If the application is made by the proprietor himself, this passage should

be struck out.
(b) If the application is not made by the proprietor himself, insert his name

and address here.
(c) Signature of the person making application.
(d) Address of the person signing.
Form TM - 10

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

45

THE TRADE MARKS ACT 1974 AND THE TRADE MARKS
(MODIFICATION AND AMENDMENT) ACT 1991

Additional Fee (regulation 59 to accompany Renewal Fee)
(Form TM - No. 9)

(To accompany Form TM - 9)

In pursuance of the notice issued by the Registrar, I/We hereby
transmit the additional fee of $.......... (along with Form TM - 9) for the
renewal of the registration of the trade mark/service mark No..................
in class ....................................................................................................

Dated this ........... day of ............................., 19 ......

(a) ............................................................................

(b) .............................................................................

To the Registrar of Trade Marks, Bermuda.

Note: This form must be signed by the person/s signing the Form TM-
9, which accompanies it.

_______________________________________________________________________

(a) Signature.
(b) Address.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

46

Form TM - 11

THE TRADE MARKS ACT 1974 AND THE TRADE MARKS
(MODIFICATION AND AMENDMENT) ACT 1991

Application under section 30 and regulation 36 for Registration of a Trade Mark
as a Defensive Trade Mark

Application is hereby made for registration in Part* ..................................
................................................................................................................................
of the register of the trade mark shown hereunder as a defensive trade mark in
class .......................................................................................................................
in respect of (a)........................................................................................................
................................................................................................................................
in the name of (b) ....................................................................................................
of (c) ........................................................................................................................
................................................................................................................................
trading as (d) .........................................................................................................
who is/are proprietor/s of the same trade mark registered in class........................
........................ in respect of ................................. under No. .................................

The particulars of the facts on which I/we rely in support of this
application are set forth in the accompanying Statement of Case(e).

Three additional copies of the mark are attached.

Dated this ............... day of ......................................., 19 ........
(f) .....................................................................................

To the Registrar of Trade Marks, Bermuda.
______________________________________________________________________________

(*) Write distinctly here "A" or "B" according to the registration desired.
(a) Here specify the goods. Only goods included in one and the same class

should be specified.
(b) Here insert legibly the full name, description and nationality of the

individual, firm or body corporate making the application. The names of
all partners in a firm must be given in full. If the applicant is a body
corporate, the kind and country o f incorporation should be stated.

(c) Here insert the full trade or business address of the applicant.
(d) Here insert the trading style (if any).
(e) To be furnished in duplicate.
(f) Signature.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

47

Form TM - 12

THE TRADE MARKS ACT 1974 AND THE TRADE MARKS
(MODIFICATION AND AMENDMENT) ACT 1991

Application for Registration of Registered User (section 31, regulation 82)

(To be accompanied by a Statement of Case giving particulars and stating as
required by section 31 (6), verified by a statutory declaration and made by the

proprietor, or by some person authorised to act on his behalf and approved by the
Registrar).

Application is hereby made by (a)..............................................................
................................................................................................................................
................................................................................................................................
who is/are the registered proprietor/s of trade mark/service mark No./s ..........
.* registered in class ................................................................................................
in respect of (b) ........................................................................................................
that (c) ..................................................................................................................
of (d) ........................................................................................................................
trading as (e)............................................................................................................
who hereby joins in the application, may be registered as a registered user of the
above-numbered registered trade mark/service mark in respect of (f) .....................
................................................................................................................................
................................................................................................................................
................................................................................................................................
subject to the following conditions or restrictions—
(g) ............................................................................................................................
................................................................................................................................
(h) The proposed permitted use is to end on the ............ day of ......................., 19
...... The proposed permitted use is without limit of period.

Dated this ............. day of ................................., 19 .............
(i) ........................................................................................

To the Registrar of Trade Marks, Bermuda.

______________________________________________________________________________

(a) Here insert full name/s, trade or business address/es and description of
the registered proprietor/s.

(*) Additional numbers may be given in a signed schedule on the back of the
form.

(b) Here insert the specification in the register.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

48

(c) Here insert the full name, description and nationality of the individual,
firm or body corporate, proposed as registered user. The names of all
partners in a firm must be given in full. In the case of a body corporate
brief particulars of the kind and country of incorporation should be
stated.

(d) Here insert the full trade or business address of the proposed registered
user.

(e) Here insert the trading style (if any).
(f) Here insert designation of goods/services (which must be comprised

within the specification).
(g) Write "NONE" if there are no conditions or restrictions.
(h) Strike out the words that are not applicable.
(i) Signature of registered proprietor and proposed registered user.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

49

Form TM - 13

THE TRADE MARKS ACT 1974 AND THE TRADE MARKS
(MODIFICATION AND AMENDMENT) ACT 1991

Form of Authorisation of Agent in a matter or proceeding under the Act
(regulation 13(3) and (4))

*I/We,........................................................................................................
have appointed (a) ...................................................................................................
to act as my/our agent for (b) ..................................................................................
.......................................... No ............ and request that all notices, requisitions
and communications relating thereto may be sent to such agent at the above
address.

I/We hereby revoke all previous authorisations, if any, in respect of the
same matter or proceeding.

I/We hereby declare that I am/we are a (c) ...............................................

Dated this ............... day of ........................., 19 ............
(d) .....................................................................................
(e) .....................................................................................

{To be struck out if the person appointing the agent desires his own
address to be treated as the address for service after registration}.

I/We also authorise the said (a).................................................................
to request the entry of an address for service as part of any registration obtained
under the above authorisation.

Dated this .............. day of ..............................., 19 ..........
(d)................................................................................
(e) ................................................................................

To the Registrar of Trade Marks, Bermuda.
______________________________________________________________________________

(*) The full names of all the partners in a firm must be inserted, and the
kind and country of incorporation stated.

(a) Here insert name and address of agent.
(b) Here state the particular matter or proceeding for which the agent is

appointed, giving the reference number, if known.
(c) Here state nationality.
(d) To be signed by the person appointing the agent.
(e) Here insert the full trade or business address of the person appointing

the agent.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

50

Form TM - 14

THE TRADE MARKS ACT 1974 AND THE TRADE MARKS
(MODIFICATIONS AND AMENDMENT) ACT 1991

Inspection of Register, etc. or making a search in Register (regulation 94)

I ..................................................................................................

hereby request that I be permitted—

(a) to inspect or make a search in the Trade Marks
Register,

(b) to inspect—

relating to trade mark/service mark No. ................. registered in class
.................................................. .

(c) .......................................................

To the Registrar of Trade Marks, Bermuda.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

51

SECOND SCHEDULE

CLASSIFICATION OF GOODS
(Regulation 4(1))

(Note: This was the Classification in the First Schedule to the
Patents, Designs and Trade Marks Rules 1903 as in
force immediately prior to the coming into force of these
Regulations).

Class 1. Chemical substances used in manufactures,
photography or philosophical search, and anti-
corrosives.

Class 2. Chemical substances used for agricultural, horticultural,
veterinary and sanitary purposes.

Class 3. Chemical substances prepared for use in medicine and
pharmacy.

Class 4. Raw, or partly prepared, vegetable, animal, and mineral
substances used in manufactures, not included in other
Classes.

Class 5. Unwrought and partly wrought metals used in manu-
facture.

Class 6. Machinery of all kinds, and parts of machinery, except
agricultural and horticultural machines included in
Class 7.

Class 7. Agricultural and horticultural machinery and parts of
such machinery.

Class 8. Philosophical instruments, scientific instruments, and
apparatus for useful purposes. Instruments and
apparatus for teaching.

Class 9. Musical instruments.
Class 10. Horological instruments.
Class 11. Instruments, apparatus and contrivances, not medi-

cated, for surgical or curative purposes, or in relation to
the health of men or animals.

Class 12. Cutlery and edge tools.
Class 13. Metal goods, not included in other Classes.
Class 14. Goods of precious metals (including aluminium, nickel,

Britannia metal, etc.) and jewellry, and imitations of
such goods and jewellery.

Class 15. Glass.
Class 16. Porcelain and earthenware.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

52

Class 17. Manufactures from mineral and other substances for
building or decoration.

Class 18. Engineering, architectural and building contrivances.
Class 19. Arms, ammunition, and stores, not included in Class 20.
Class 20. Explosive substances.
Class 21. Naval architectural contrivances and naval equipments

not included in Classes 19 and 20.
Class 22. Carriages, bicycles and other vehicles.
Class 23. (a) Cotton yarn, and sewing cotton not on spools or

reels.
(b) Sewing cotton on spools or reels.

Class 24. Cotton piece goods of all kinds.
Class 25. Cotton goods not included in Classes 23, 24 or 38.
Class 26. Linen and hemp yarn and thread.
Class 27. Linen and hemp piece goods.
Class 28. Linen and hemp goods not included in Classes 26, 27

and 50.
Class 29. Jute yarns and tissues, and other articles made of jute,

not included in Class 50.
Class 30. Silk, spun, thrown or sewing.
Class 31. Silk piece goods.
Class 32. Other silk goods not included in Classes 30 and 31.
Class 33. Yarns of wool, worsted or hair.
Class 34. Cloths and stuffs of wool, worsted or hair.
Class 35. Woollen, worsted and hair goods, not included in

Classes 33 and 34.
Class 36. Carpets, floor-cloth, and oilcloth.
Class 37. Leather, skins unwrought and wrought, and articles

made of leather not included in other Classes.
Class 38. Articles of clothing.
Class 39. Paper (except paper hangings) stationery, and book-

binding.
Class 40. Goods manufactured from India-rubber and gutta-

percha not included in other Classes.
Class 41. Furniture and upholstery.
Class 42. Substances used as food or as ingredients in food.
Class 43. Fermented liquors and spirits.
Class 44. Mineral and aerated waters, natural and artificial,

including ginger beer.
Class 45. Tobacco, whether manufactured or unmanufactured.
Class 46. Seeds for agricultural and horticultural purposes.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

53

Class 47. Candles, common soap, detergents; illuminating,
heating, or lubricating oils; matches, and starch, blue
and other preparations for laundry purposes.

Class 48. Perfumery (including toilet articles, preparations for the
teeth and hair, and perfumed soap).

Class 49. Games of all kinds and sporting articles not included in
other Classes.

Class 50. Miscellaneous:-
(1) Goods manufactured from ivory, bone or wood,

not included in other Classes.
(2) Goods manufactured from straw or grass, not

included in other Classes.
(3) Goods manufactured from animal and vegetable

substances, not included in other Classes.
(4) Tobacco pipes.
(5) Umbrellas, walking-sticks, brushes and combs.
(6) Furniture cream, plate powder and other cleaning

and polishing substances and preparations.
(7) Tarpaulins, tents, rick-cloths, rope, twine.
(8) Buttons of all kinds other than of precious metal

or imitations thereof.
(9) Packing and hose of all kinds.
(10) Goods not included in the foregoing Classes.

TRADE MARKS AND SERVICE MARKS REGULATIONS 1993

54

THIRD SCHEDULE

CLASSIFICATION OF GOODS AND SERVICES
(Regulations 4(2), 4(3), and 20(3))

PART I - GOODS

Class 1. Chemicals used in industry, science and
photography, as well as in agriculture, horticulture and forestry;
unprocessed artificial resins, unprocessed plastics; manures; fire
extinguishing compositions; tempering and soldering preparations;
chemical substances for preserving foodstuffs; tanning substances;
adhesives used in industry.

Class 2. Paints, varnishes, lacquers; preservatives against
rust and against deterioration of wood; colorants; mordants; raw natural
resins; metals in foil and powder form for painters, decorators, printers
and artists.

Class 3. Bleaching preparations and other substances for
laundry use; cleaning, polishing, scouring and abrasive preparations;
soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Class 4. Industrial oils and greases; lubricants; dust
absorbing, wetting and binding compositions; fuels (including motor
spirit) and illuminants; candles, wicks.

Class 5. Pharmaceutical, veterinary and sanitary
preparations; dietetic substances adapted for medical use, food for
babies; plasters, materials for dressings; material for stopping teeth,
dental wax; disinfectants; preparations for destroying vermin; fungicides,
herbicides.

Class 6. Common metals and their alloys; metal building
materials; transportable buildings of metal; materials of metal for railway
tracks; non-electric cables and wires of common metal; ironmongery,
small items of metal hardware; pipes and tubes of metal; safes; goods of
common metal not included in other classes; ores.

Class 7. Machines and machine tools; motors and engines
(except for land vehicles); machine coupling and transmission
components (except for land vehicles); agricultural implements;
incubators for eggs.

Class 8. Hand tools and implements (hand operated); cutlery;
side arms; razors.

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Class 9. Scientific, nautical, surveying, electric, photogra-
phic, cinematographic, optical, weighing, measuring, signalling, checking
(supervision), life-saving and teaching apparatus and instruments;
apparatus for recording, transmission or reproduction of sound or
images; magnetic data carriers, recording discs; automatic vending
machines and mechanisms for coin-operated apparatus; cash registers,
calculating machines, data processing equipment and computers; fire-
extinguishing apparatus.

Class 10. Surgical, medical, dental and veterinary apparatus
and instruments, artificial limbs, eyes and teeth; orthopaedic articles;
suture materials.

Class 11. Apparatus for lighting, heating, steam generating,
cooking, refrigerating, drying, ventilating, water supply and sanitary
purposes.

Class 12. Vehicles; apparatus for locomotion by land, air or
water.

Class 13. Firearms; ammunition and projectiles; explosives;
fireworks.

Class 14. Precious metals and their alloys and goods in
precious metals or coated therewith, not included in other classes;
jewellery, precious stones; horological and chronometric instruments.

Class 15. Musical instruments.

Class 16. Paper, cardboard and goods made from these
materials, not included in other classes; printed matter; bookbinding
material; photographs; stationery; adhesives for stationery or household
purposes; artists' materials; paint brushes; typewriters and office
requisites (except furniture); instructional and teaching material (except
apparatus); plastic materials for packaging (not included in other
classes); playing cards; printers' type; printing blocks.

Class 17. Rubber, gutta-percha, gum, asbestos, mica and
goods made from these materials and not included in other classes;
plastics in extruded form for use in manufacture; packing, stopping and
insulating materials; flexible pipes, not of metal.

Class 18. Leather and imitations of leather, and goods made of
these materials and not included in other classes; animal skins, hides;
trunks and travelling bags; umbrellas, parasols and walking sticks;
whips, harness and saddlery.

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56

Class 19. Building materials (non-metallic); non-metallic rigid
pipes for building; asphalt, pitch and bitumen; non-metallic
transportable buildings; monuments, not of metal.

Class 20. Furniture, mirrors, picture frames; goods (not
included in other classes) of wood, cork, reed, cane, wicker, horn, bone,
ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and
substitutes for all these materials, or of plastics.

Class 21. Household or kitchen utensils and containers (not of
precious metals or coated therewith); combs and sponges; brushes
(except paint brushes); brush-making materials; articles for cleaning
purposes; steel wool; unworked or semi-worked glass (except glass used
in building); glassware, porcelain and earthenware not included in other
classes.

Class 22. Ropes, string, nets, tents, awnings, tarpaulins, sails,
sacks and bags (not included in other classes); padding and stuffing
materials (except of rubber or plastics); raw fibrous textile materials.

Class 23. Yarns and threads, for textile use.

Class 24. Textiles and textile goods, not included in other
classes; bed and table covers.

Class 25. Clothing, footwear, headgear.

Class 26. Lace and embroidery, ribbons and braid; buttons,
hooks and eyes, pins and needles; artificial flowers.

Class 27. Carpets, rugs, mats and matting, linoleum and other
materials for covering existing floors; wall hanging (non-textile).

Class 28. Games and playthings; gymnastic and sporting
articles not included in other classes; decorations for Christmas trees.

Class 29. Meat, fish, poultry and game; meat extracts;
preserved, dried and cooked fruits and vegetables; jellies, jams, fruit
sauces; eggs, milk and milk products; edible oils and fats.

Class 30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial
coffee; flour and preparations made from cereals, bread, pastry and
confectionery, ices; honey, treacle; yeast, baking powder, salt, mustard;
vinegar, sauces (condiments); spices; ice.

Class 31. Agricultural, horticultural and forestry products and
grains not included in other classes; live animals; fresh fruits and

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57

vegetables; seeds, natural plants and flowers; foodstuffs for animals,
malt.

Class 32. Beers; mineral and aerated waters and other non-
alcoholic drinks; fruit drinks and fruit juices; syrups and other
preparations for making beverages.

Class 33. Alcoholic beverages (except beers).

Class 34. Tobacco; smokers' articles; matches.

PART II - SERVICES

Class 35. Advertising; business management; business
administration; office functions.

Class 36. Insurance; financial affairs; monetary affairs; real
estate affairs.

Class 37. Building construction; repair; installation services.

Class 38. Telecommunications.

Class 39. Transport; packaging and storage of goods; travel
arrangement.

Class 40. Treatment of materials.

Class 41. Education; providing of training; entertainment;
sporting and cultural activities.

Class 42. Providing of food and drink; temporary
accommodation; medical, hygienic and beauty care; veterinary and
agricultural services; legal services; scientific and industrial research;
computer programming; services that cannot be placed in other classes.

Made this 15th day of June, 1993.

Acting Minister of Labour and Home Affairs