Government Fees (Trade Marks and Service Marks) Amendment Re

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1996/Statutory%20Instruments/Government%20Fees%20%28Trade%20Marks%20and%20Service%20Marks%29%20Amendment%20Re.pdf
Published: 1996

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Government Fees (Trade Marks and Service Marks) Amendment Regulations 1996
GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

1989 Revision 1

BR 13/1996

GOVERNMENT FEES ACT 1965

1965 : 103

THE GOVERNMENT FEES (TRADE MARKS AND SERVICE
MARKS) AMENDMENT REGULATIONS 1996

The Minister of Finance, in exercise of the power conferred upon
him by section 2 of the Government Fees Act 1965, and every other
power vested in him, makes the following Regulations:

Citation
1 These Regulations may be cited as the Government Fees (Trade
Marks and Service Marks) Amendment Regulations 1996.

Revocation and replacement of Schedule to BR 34/1993
2 The Schedule to the Government Fees (Trade Marks and Service
Marks) Regulations 1993 is revoked and the Schedule set forth in the
Schedule to these Regulations is substituted.

Commencement and transitional
3 (1) Subject to paragraph (2), these Regulations commence on 1
April 1996 ("commencement day").

(2) Nothing in these Regulations affects the validity of a fee that
was paid before commencement day.

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

2 1989 Revision

SCHEDULE (Regulation 2)

Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

1. On request for the Registrar's
preliminary advice under
section 41 of the 1974 Act or
the modified 1974 Act and
regulation 19, for each trade
mark or service mark submitted
in respect of one class .....................

65.00 TM-No.1

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

Without application for the
Registrar's advice under
regulation 19 ................................ 30.00 TM-No. 2

With application for the
Registrar's advice under regulation 19

100.00 TM-No. 2

3. On application not otherwise
charged to register a trade
mark or a service mark (section
18(1) of the 1974 Act or the
modified 1974 Act and
regulation 20(1) or a series of
trade marks or service marks
(section 24 of the 1974 Act or
the modified 1974 Act and
regulation 27) for a specification
of goods or services included in
one class .........................................130.00 TM-No. 3

4. On a request to the Registrar to
state grounds of a decision
relating to an application to
register a trade mark or a
service mark, and materials

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

1989 Revision 3

Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

used (section 18(5) of the 1974
Act or the modified 1974 Act
and regulation 34)...........................190.00 —

5. On notice of opposition before
the Registrar under section 19
of the 1974 Act or the modified
1974 Act and regulation 39, for
each application opposed, by
opponent.........................................70.00 —

6. On lodging a counter-statement
in answer to a notice of
opposition under section 19 of
the 1974 Act or the modified
1974 Act and regulation 41, for
each application opposed, by
the applicant; or in answer to
an application under any of the
sections 29, 30, 34 and 35 of
the 1974 Act or the modified
1974 Act, by the proprietor in
respect of each trade mark or
service mark; or in answer to a
notice of opposition under
section 37 or section 38 of the
1974 Act or the modified 1974
Act, for each application or
conversion opposed, by the
proprietor ........................................45.00 —

7. On the hearing of each
opposition under section 19 of
the 1974 Act or the modified
1974 Act and regulation 47, by

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

4 1989 Revision

Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

applicant and by opponent
respectively; or on the hearing
of an application under any of
the sections 29, 30, 34 and 35
of the 1974 Act or the modified
1974 Act, by applicant and by
proprietor respectively; or on
the hearing of an opposition
under section 37 or section 38
of the 1974 Act or the modified
1974 Act, by proprietor and by
opponent respectively ......................70.00 —

8. For one registration of a trade
mark or a service mark not
otherwise charged for a
specification of goods or
services included in one class ..........130.00 TM-No. 4

9. For one registration of a series
of trade marks or service marks
under section 24 of the 1974
Act or the modified 1974 Act
and regulation 27 for a
specification of goods or
services included in one class—
For the first mark ............................130.00 TM-No. 4
And for every other mark of the
series............................................... 5.00

10. For one registration under
section 30 of the 1974 Act and
regulation 36, of a defensive
trade mark for a specification of
goods included in one class .............165.00 TM-No. 4

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

1989 Revision 5

Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

11. Upon each addition to the
registered entry of a trade mark
or a service mark as associated
with a newly registered mark
(section 25 of the 1974 Act or
the modified 1974 Act and
regulation 54) ................................ 5.00 TM-No. 4

12. On an application, under
section 25(4) of the 1974 Act or
the modified 1974 Act and
regulation 54(2), to dissolve the
association between registered
trade marks or service marks ..........70.00 —

13. On application, under section
28 of the 1974 Act or the
modified 1974 Act and
regulation 62 or 63, to register
a subsequent proprietor in a
case of assignment or
transmission of a single trade
mark or service mark—

If made within six months from
the date of acquisition of
proprietorship or the coming
into operation of these
Regulations .....................................115.00 TM-No. 6

or 7

If made after expiration of six
months but within twelve
months from the date of
acquisition of proprietorship or
the coming into operation of
these Regulations ............................130.00

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

6 1989 Revision

Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

If made after expiration of
twelve months from the date of
acquisition of proprietorship or
the coming into operation of
these Regulations ............................135.00

14. On application, under section
28 of the 1974 Act or the
modified 1974 Act and
regulation 62 or 63, to register
a subsequent proprietor of more
than one trade mark or service
mark standing in the same
name, the devolution of title
being the same in each case—

If made within six months from
the date of acquisition of
proprietorship or the coming
into operation of these
Regulations—
For the first mark ............................
And for every other mark .................
If made after expiration of six
months but within twelve
months from the date of
acquisition of proprietorship or
the coming into operation of
these Regulations
For the first mark ............................
And for every other mark .................
If made after expiration of
twelve months from the date of
acquisition of proprietorship or
the coming into operation of
these Regulations

115.00
5.00

130.00
5.00

TM-No. 6
or 7

For the first mark ............................135.00
And for every other mark ................. 5.00

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

1989 Revision 7

Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

15. On application, under section
26(6) of the 1974 Act or the
modified 1974 Act and
regulation 70(1), for directions
by the Registrar for
advertisement of assignment of
trade marks or service marks in
use, without goodwill—
For one mark assigned ....................65.00 —
And for every other mark
assigned with the same
devolution of title............................. 5.00 —

16. On application, under section
26(6) of the 1974 Act or the
modified 1974 Act and
regulation 70(4), for extension
of time for applying for
directions for advertisement of
assignment of trade marks or
service marks in use, without
goodwill, in respect of one
devolution of title—
Not exceeding one month .................30.00 —
Not exceeding two months ...............70.00 —
Not exceeding three months.............110.00 —

17. For renewal, under section 23
of the 1974 Act or the modified
1974 Act and regulation 57, of
registration of a trade mark or a
service mark at expiration of
last registration ...............................220.00 TM-No. 9

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

8 1989 Revision

Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

18. For renewal, under section 23
of the 1974 Act or the modified
1974 Act and regulation 57, of
registration of a series of trade
marks or service marks (section
24(3) of the 1974 Act or the
modified 1974 Act) at expiration
of last registration—
For the first mark of the series .........220.00 TM-No. 9
And for every other mark of the
series............................................... 5.00

19. Restoration fee under
regulation 59 ................................130.00 TM-No. 10

20. On application, under section
29, 30, 34 or 35 of the 1974 Act
or section 29, 34 or 35 of the
modified 1974 Act and
regulation 72, for rectification of
the register or removal of trade
mark or service mark from the
register ............................................110.00 —

21. On application, under
regulation 74, for leave to
intervene in proceedings under
section 29, 30, 34 or 35 of the
1974 Act or section 29, 34 or
35 of the modified 1974 Act for
rectification of the register or
removal of trade mark or
service mark from the register .........70.00 —

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

1989 Revision 9

Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

22. For altering, under section 36 of
the 1974 Act or the modified
1974 Act and regulation 75,
one or more entries of the trade
or business address or address
for service of a registered
proprietor or a registered user
of a trade mark or a service
mark where the address in each
case is the same and is altered
in the same way (unless
exempted from fee under
regulation 71(3)—

For the first entry ............................35.00 —
And for every other entry ................. 5.00

23. On request, not otherwise
charged, for correction of
clerical error or for permission
to amend application .......................25.00 —

24. On application, under section
36 of the 1974 Act or the
modified 1974 Act and
regulation 75, to change the
name or description of a
proprietor or a registered user
of a single trade mark or service
mark where there has been no
change in the proprietorship or
in the identity of the user.................

25.00 —

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

10 1989 Revision

Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

25. On application, under section
36 of the 1974 Act or the
modified 1974 Act and
regulation 75, to change the
name or description of a
proprietor or a registered user
of more than one trade mark or
service mark standing in the
same name, where there has
been no change in the
proprietorship or in the identity
of the user, the change being
the same in each case—

For the first mark ............................25.00 —
And for every other mark .................5.00

26. For cancelling, under section
36(1)(c) or (d) of the 1974 Act or
the modified 1974 Act and
regulation 75, the entry or part
of the entry of a trade mark or a
service mark upon the register
on the application of the
registered proprietor of the
trade mark or service mark..............20.00 —

27. On request, under section
36(1)(e) of the 1974 Act or the
modified 1974 Act and
regulation 75, by registered
proprietor of a trade mark or a
service mark for entry of
disclaimer or memorandum in
the register ......................................35.00 —

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

1989 Revision 11

Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

28. For cancelling or making one or
more entries of an address for
service of a registered proprietor or a
registered user of a trade mark or a
service mark where the address in
each case is the same, on application
made after the registration in each
case—

For the first entry ............................ 20.00 —
And for every other entry included in
the application ................................ 5.00

29. For altering one or more entries of an
address for service in the register
included in one application for
alteration, where the address and
the alteration in each case are the
same—

For the first entry ............................ 20.00 —
And for every other entry................. 5.00
Provided that no fee shall be charged
if the application for an alteration of
an address for service accompanies
Forms TM-No. 4, TM-No. 6, TM-No. 7
or TM-No. 12

30. On an application to the Registrar,
under section 37 of the 1974 Act or
the modified 1974 Act and regulation
78, for leave to add to or alter a
single registered trade mark or
service mark.................................... 55.00 —

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

12 1989 Revision

Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

31. On an application to the
Registrar, under section 37 of
the 1974 Act or the modified
1974 Act and regulation 78, for
leave to add to or alter more
than one registered trade mark
or service mark of the same
proprietor, being identical
marks, the addition or
alteration to be made, in each
case, being the same—

For the first mark ............................55.00 —
And for every other mark .................20.00

32. On notice of opposition, under
section 37(3) of the 1974 Act or
the modified 1974 Act and
regulation 79, to application for
leave to add to or alter
registered trade marks or
service marks, for each
application opposed .........................70.00 —

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

34. On notice of opposition, under
section 38(3) of the 1974 Act
and regulation 6(2), to a
conversion of the specification
or specifications of a registered
trade mark or registered trade
marks—

For one mark................................ 70.00 —

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

1989 Revision 13

Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

And for every other mark of the
same proprietor having the
same specification ........................... 5.00

35. On application, under section
30 of the 1974 Act and
regulation 36, to register a
defensive trade mark for a
specification of goods included
in one class .....................................165.00 TM-No. 11

36. On application, under section
31 of the 1974 Act or the
modified 1974 Act and
regulation 82, to enter a
registered user of a registered
trade mark or a registered
service mark in respect of goods
or services within the
specification thereof.........................60.00 TM-No. 12

37. On application, under section
31 of the 1974 Act or the
modified 1974 Act and
regulation 82, to enter the
same registered user of more
than one registered trade mark
or registered service mark of
the same registered proprietor
in respect of goods or services
within the respective
specifications thereof and
subject to the same conditions
and restrictions in each case—

For the first mark............................60.00 TM-No. 12
And for every other mark of
the proprietor included in the
appli-cation and statement of
case ................................................5.00

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

14 1989 Revision

Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

38. On application by the
proprietor of a single trade
mark or a single service mark,
under paragraph (a) of section
31(10) of the 1974 Act or the
modified 1974 Act and
regulation 84, to vary the entry
of a registered user thereof ..............

90.00 —

39. On application by the
proprietor of more than one
trademark or one service mark
under paragraph (a) of section
31(10) of the 1974 Act or the
modified 1974 Act and
regulation 84, to vary the
entries of a registered user
thereof—

For the first mark............................90.00 —
And for every other mark of
the proprietor for which the
same user is registered,
included in the application..............10.00

40. On application by the proprietor
or registered user of a single
trade mark or a single service
mark, under paragraph (b) of
section 31(10) of the 1974 Act
or the modified 1974 Act and
regulation 85, for cancellation
of the entry of a registered user
thereof .............................................70.00 —

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

1989 Revision 15

Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

41. On application by the proprietor
or registered user of more than
one trade mark or service mark,
under paragraph (b) of section
31(10) of the 1974 Act or the
modified 1974 Act and
regulation 85, for cancellation
of the entries of a registered
user thereof—

For the first mark ............................70.00 —
And for every other mark of the
proprietor for which the same
user is registered, included in
the application................................5.00

42. On application under para-
graph (c) of section 31(10) of the
1974 Act or the modified 1974
Act and regulation 86, to cancel
the entry of a registered user of
a single trade mark or a single
service mark................................ 70.00 —

43. On application under
paragraph (c) of section 31(10)
of the 1974 Act or the modified
1974 Act and regulation 86, to
cancel the entries of a
registered user of more than
one trade mark or service
mark—

For the first mark ............................70.00 —

And for every other mark of the
same proprietor for which the
same user is registered,
included in the application ..............5.00

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

16 1989 Revision

Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

44. On notice under section 31(11)
of the 1974 Act or the modified
1974 Act and regulation 88 of
intention to intervene in one
proceeding for the variation or
cancellation of entries of a
registered user of trade marks
or service marks ..............................25.00 —

45. For certificate of the Registrar
(other than certificate under
section 21(2) of the 1974 Act or
the modified 1974 Act), under
regulation 92(2), of the
registration of a trade mark or a
service mark ................................ 35.00 —

46. For certificate of the Registrar
(other than certificate under
section 21(2) of the 1974 Act or
the modified 1974 Act), under
regulation 92(2), of the
registration of a series of trade
marks or service marks (section
24(3) of the 1974 Act or the
modified 1974 Act)...........................45.00 —

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

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 1995

1989 Revision 17

Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

48. For every entry in the register of
a rectification thereof or an
alteration therein, not otherwise
charged ...........................................45.00 —

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

50. For office copy of entry in the
register or of document, for
each page or portion of a page .........5.00 —

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

Made this day of 1996

Minister of Finance