Trade Marks And Service Marks Amendment Regulations 2003
TRADE MARKS AND SERVICE MARKS AMENDMENT
REGULATIONS 2003
1
BR 8/2003
TRADE MARKS ACT 1974
1974 : 93
TRADE MARKS AND SERVICE MARKS AMENDMENT
REGULATIONS 2003
In exercise of the powers conferred upon the Minister of Labour,
Home Affairs and Public Safety by section 38 of the Trade Marks Act
1974, the following regulations are hereby made:
Citation and Commencement
1 (1) These Regulations may be cited as the Trade Marks and
Service Marks Amendment Regulations 2003.
(2) These Regulations shall come into operation on 17th
February 2003.
Interpretation
2 In these Regulations, the "principal Regulations" mean the
Trade Marks and Service Marks Regulations 1993.
Amends Regulation 4 of the principal Regulations
3 (1) Regulation 4(1) of the principal Regulations is amended by
inserting next after the word "Third" the words "or Fourth".
(2) Regulation 4(2) is revoked and the following substituted
"For the purposes of trade marks registrations dated before,
on or after 1st July 1975 but before 17th February 2003,
and of registrations of registered users thereunder 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 or Part I of the
Fourth Schedule;
(3) Regulation 4(3) is revoked and the following
substituted
"For the purposes of service marks registered on or after
19th June 1993, but before 17th February 2003, and of
TRADE MARKS AND SERVICE MARKS AMENDMENT
REGULATIONS 2003
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registered users thereunder, in respect of which the
specifications have been converted in accordance with
regulation 5, services are classified in accordance with Part
II of the Third Schedule or Part II of the Fourth Schedule.
(4) The following Regulation is inserted after Regulation 4(3)
"(4) For the purposes of trade mark registrations, goods and
services are classified in accordance with the Fourth
Schedule.".
Amends Regulation 5 of the principal Regulations
4 (1) Regulation 5(1) of the principal Regulations is revoked and
the following substituted
"Where the specification of a registered trade mark is
founded on the Second or Third 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 or
Fourth Schedule, whether with or without the striking out
of goods or services 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 or services of any registered user
under that registration.".
(2) Regulation 5(3) is revoked and the following substituted
"Two or more registrations of a trade mark in respect of
goods or services falling within the same class of the Third
or Fourth Schedule, having the same date of registration,
may be amalgamated upon conversion in accordance with
this regulation.".
Amends Regulation 19 of the principal Regulations
5 Regulation 19(1) of the principal Regulations is amended by
deleting the word "Third" and substituting the word "Fourth".
Amends Regulation 20 of the principal Regulations
6 Regulation 20(3) of the principal Regulations is amended by
deleting the word "Third" and substituting the word " Fourth".
TRADE MARKS AND SERVICE MARKS AMENDMENT
REGULATIONS 2003
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Amends Regulation 93 of the Principal Regulations
7 Regulation 93(1) of the principal regulations is amended by
deleting the words "Second or Third Schedule" and substituting the
words " Second, Third or Fourth Schedule".
Adds Fourth Schedule to the principal Regulations
8 After the Third Schedule of the principal Regulations there is
inserted —
"FOURTH 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 and wicks for lighting.
Class 5
Pharmaceutical and veterinary preparations; sanitary preparations for
medical purposes; dietetic substances adapted for medical use, food for
babies; plasters, materials for dressings; material for stopping teeth,
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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 other than hand-operated;
incubators for eggs.
Class 8
Hand tools and implements (hand-operated); cutlery; side arms; razors.
Class 9
Scientific, nautical, surveying, photographic, cinematographic, optical,
weighing, measuring, signalling, checking (supervision), life-saving and
teaching apparatus and instruments; apparatus and instruments for
conducting, switching, transforming, accumulating, regulating or
controlling electricity; 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; orthopedic 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.
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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); 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.
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 metal or
coated therewith); combs and sponges; brushes (except paint brushes);
brush-making materials; articles for cleaning purposes; steel wool;
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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 hangings (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, compotes; 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.
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Class 31
Agricultural, horticultural and forestry products and grains not included
in other classes; live animals; fresh fruits and 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.
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Class 42
Scientific and technological services and research and design relating
thereto; industrial analysis and research services; design and
development of computer hardware and software; legal services.
Class 43
Services for providing food and drink; temporary accommodation.
Class 44
Medical services; veterinary services; hygienic and beauty care for
human beings or animals; agriculture, horticulture and forestry services.
Class 45
Personal and social services rendered by others to meet the needs of
individuals; security services for the protection of property and
individuals."
Made this 11th day of February, 2003
Minister of Labour, Home Affairs and Public Safety
