Government Fees (Trade Marks and Service Marks) Amendment Regulations 2000

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/2000/Statutory%20Instruments/Government%20Fees%20%28Trade%20Marks%20and%20Service%20Marks%29%20Amendment%20Regulations%202000.pdf

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Government Fees (Trade Marks and Service Marks) Amendment Regulations 2000
GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000




1





BR 30 / 2000

GOVERNMENT FEES ACT 1965

1965 : 103

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000



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 2000.

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 2000 (“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 2000

2




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







71.00








TM-No. 1

2. For a search under regulation
93(1) in respect of one mark―

Without application for the
Registrar’s advice under
regulation 19............................

With application for the
Registrar’s advice under
regulation 19............................







40.00




118.00







TM-No. 2




TM-No. 2

3. On application not otherwise
charged to register a trade
mark or a service mark (section
18(1) of the 1974 Act or the
modified 1974 Act and
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 ..................................













143.00













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









209.00











5. On notice of opposition before
the Registrar under section 19




GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000




3





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

of the 1974 Act or the modified
1974 Act and regulation 39, for
each application opposed, by
opponent ......................................





77.00







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


















49.00




















7. On the hearing of each opposition
under section 19 of the 1974 Act or
the modified 1974 Act and
regulation 47, by applicant and by
opponent respectively; or on the
hearing of an application under any
of the sections 29, 30, 34 and 35 of
the 1974 Act or the modified 1974
Act, by applicant and by proprietor
respectively; or on the hearing of an
opposition under section 37 or
section 38 of the 1974 Act or the
modified 1974 Act, by proprietor
and by opponent respectively ...















77.00

















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 ...





143.00





TM-No. 4

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000

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




GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000




5




Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

27 for a specification of goods or
services included in one class―

For the first mark ..........................

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




143.00


7.00




TM-No. 4




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






181.00






TM-No. 4

11. On 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) .........................







7.00







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







77.00









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 proprietor-
ship or the coming into operation
of these Regulations ......................





126.00




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











GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000

6


operation of these Regulations ....... 143.00







GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000




7




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






148.00








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 proprietor-
ship or the coming into operation
of these Regulations―

For the first mark ..........................


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






126.00


7.00






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―

For the first mark ..........................

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







143.00

7.00











If made after expiration of twelve
months from the date of acquisi-
tion of proprietorship or the
coming into operation of these
Regulations―

For the first mark ..........................

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







148.00

7.00











15. On application, under section
26(6) of the 1974 Act or the



GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000

8


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―

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000




9





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

For one mark assigned

And for every other mark assigned
with the same devolution of title ....

71.00


7.00






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

Not exceeding two months .............

Not exceeding three months ..........











33.00

77.00

121.00

















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
service mark at expiration of last
registration ...................................







242.00







TM-No. 9

18. For renewal, under section 23 of
the 1974 Act or the modified 1974
Act and regulation 57, of
registration of a series of trade
marks or service marks (section
24(3) of the 1974 Act or the
modified 1974 Act) at expiration of
last registration―











For the first mark of the series ......

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

242.00


7.00

TM-No. 9




19. Restoration fee under regulation
59 .................................................


143.00


TM-No. 10

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000

10




GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000




11





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

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 a trade mark or a
service mark from the register .......








121.00










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 a trade mark or a
service mark from the register .......









77.00











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 register-
ed user of a trade mark or a
service mark where the address in
each case is the same and is
altered in the same way (unless
exempted from fee under
regulation 71(3))―

For the first entry ..........................

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














39.00

7.00


















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




27.00






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















GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000

12


mark where there has been no
change in the proprietorship or in
the identity of the user ..................




27.00








GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000




13





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

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













27.00

7.00

















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










22.00












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








39.00










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―



















GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000

14


For the first entry ..........................

And for every other entry included
in the application

22.00


7.00






Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

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

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

Provided that no fee shall be
charged if the application for an
alteration of an address for service
accompanies Forms TM-No. 4, TM-
No. 6, TM-No.7 or TM-No.12








22.00

7.00












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







60.00









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












For the first mark ..........................

And for every other mark

60.00

22.00





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













GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000




15



or service marks, for each
application opposed ......................


77.00




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





17.00











Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

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

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








77.00




7.00















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






181.00






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









66.00









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



GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000

16


respect of goods or services within
the respective specifications there-
of and subject to the same
conditions and restrictions in each
case―

For the first mark ..........................

And for every other mark of the
proprietor included in the applica-
tion and statement of case ............

66.00




7.00

TM-No. 12






GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000




17





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








99.00










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

For the first mark ..........................

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









99.00





12.00

















40. On application by the proprietor or
registered user of a single trade
mark or 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 ...................









77.00











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



For the first mark ..........................

And for every other mark of the

77.00







GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000

18


proprietor for which the same user
is registered, included in the
application ....................................




7.00








GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000




19





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

42. On application under paragraph
(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 .............................................








77.00










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

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








77.00





7.00
















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








27.00










45. For endorsement of a certificate
under regulation 60 or 68(2)―

In respect of a trade mark or a
service mark .................................

In respect of a series of trade
marks or service marks .................





39.00


49.00










46. For certificate of the Registrar
(other than a certificate under
section 21(2) of the 1974 Act or the
modified 1974 Act), under
regulation 92(2)―















GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000

20


In respect of the registration of a
trade mark or a service mark ........




39.00






Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

In respect of the registration of a
series of trade marks or service
marks pursuant to section 24(3) of
the 1974 Act or the modified 1974
Act ................................................






49.00








47. For inspecting any document or
making a search of the register
under regulation 94 ......................




20.00
(per half

hour
or part

thereof)









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





49.00







49. On application to the Registrar for
an extension of time under
regulation 89 to do any act or to
take any proceeding ......................




20.00
(per two

month
period
or part

thereof)











50. For office copy of entry in the
register or of document .................


7.00

(for each
page or

portion of
a page)









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


17.00








Made this 29th day of March 2000

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2000




21







Minister of Finance