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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT REGULATIONS 2006

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GOVERNMENT FEES (TRADE MARK AND SERVICE MARKS) AMENDMENT REGULATIONS 2006
GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


1





BR 21 / 2006

GOVERNMENT FEES ACT 1965

1965 : 103

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


The Minister of Finance, in exercise of the powers conferred by

section 2 of the Government Fees Act 1965, makes the following
Regulations:

Citation
1 These Regulations may be cited as the Government Fees (Trade
Marks and Service Marks) Amendment Regulations 2006.

Substitution of Schedule
2 The Schedule to the Government Fees (Trade Marks and Service
Marks) Regulations 1993 is revoked and the Schedule to these
Regulations is substituted.

Commencment and transitional
3 (1) Subject to paragraph (2), these Regulations shall come into
force on the 1st day of April 2006.

(2) Nothing in these Regulations Shall affect the validity of a
fee, paid before the coming into force of these Regulations.

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


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







84.00








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



47.00




TM-No. 2

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



137.00




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












189.00













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) .......................








242.00










GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


3





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

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






89.00









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



















58.00






















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



GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


4





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

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





..89.00









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 ......





189.00






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 ........................ 189.00 TM-No. 4

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


11.00



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 .........





210.00






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) ..............................







11.00








TM-N0.4

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


5





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

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 ......






89.00









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





147.00






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






168.00



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





179.00



GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


6





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

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 ........................ 147.00


TM-No. 6

or 7
And for every other mark ............. 11.00


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 ........................ 168.00




And for every other mark ............. 11.00






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










For the first mark ........................ 179.00



GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


7





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.


And for every other mark ............. 11.00



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 ................ 89.00 —


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



11.00






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............. 47.00




Not exceeding two months ........... 89.00




Not exceeding three months......... 142.00



GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


8





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

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






284.00






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..... 284.00 TM-No. 9


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


11.00



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


168.00


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








142.00











GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


9





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

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 .....









89.00













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 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 ....................... 47.00 —


And for every other entry ............ 11.00


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




47.00







GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


10





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

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











47.00














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 ........................ 47.00 —


And for every other mark ............. 11.00


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..........









47.00












GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


11





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

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








47.00











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—




For the first entry ........................ 47.00 —


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


11.00



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 ........................ 47.00 —


And for every other entry ............. 11.00



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



GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


12





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

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







47.00










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 ........................ 47.00 —


And for every other mark ............. 11.00



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








89.00











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




47.00







GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


13





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............................... 89.00 —

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



11.00



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






210.00






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 ....





79.00






TM-No. 12

GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


14





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

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 ........................ 79.00 TM-No. 12


And for every other mark of the
proprietor included in the
application and statement of
case.............................................




11.00



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








116.00










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—



GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


15





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

For the first mark ........................... 116.00 —


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




16.00



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








47.00











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 ........................... 47.00 —

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




11.00



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







47.00










GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


16





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

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 ........................... 47.00 —

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




11.00



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 .........








89.00










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




In respect of a trade mark or a
service mark................................... 47.00


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


58.00



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 2006


17





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

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


47.00




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





58.00



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



26.00
(per half
hour or
part
thereof)






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




58.00







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




26.00
(per two-
month
period or
part
thereof)







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


11.00
(for each
page or
portion of
a page}




GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2006


18





Column 1
Fee No.

Column 2
Function

Column 3
Amount

Column 4
Form No.

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


21.00










Made this 21st day of March, 2006







Minister of Finance