Trade Marks and Service Marks Amendment Regulations 2009
1
BERMUDA
TRADE MARKS AND SERVICE MARKS AMENDMENT
REGULATIONS 2009
BR 70/2009
ARRANGEMENT OF REGULATIONS
1 Short title
2 Amends Regulation 4
3 Amends Regulation 5
4 Amends Regulation 19
5 Amends Regulation 20
6 Amends Regulation 93
7 Inserts Fifth Schedule
8 Commencement
SCHEDULE
The Minister responsible for the Registry General, in exercise of
the powers conferred by sections 38 and 39 of the Trade Marks Act
1974, makes the following Regulations:
Short title
1 These Regulations, which amend the Trade Marks and Service
Marks Regulations 1993 (the “principal Regulations”), may be cited as
the Trade Marks and Service Marks Amendment Regulations 2009.
Amends Regulation 4
2 Regulation 4 of the principal Regulations is amended—
(a) in paragraph (1) by deleting “Third or Fourth” and
substituting “Third, Fourth, or Fifth”; and
(b) by revoking paragraphs (2), (3) and (4) and substituting
the following—
“(2) For the purposes of trade mark registrations
dated before on or after 1st July 1975 but before 13
November 2009, 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
TRADE MARKS AND SERVICE MARKS AMENDMENT
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Schedule or Part I of the Fourth Schedule or Part I of the
Fifth Schedule.
(3) For the purposes of service marks registered
on or after 19th June 1993 but before 13 November
2009, and of 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 or Part II of the Fifth Schedule.
(4) For the purposes of trade mark registrations
dated on or after 13 November 2009, goods and services
are classified in accordance with the Fifth Schedule.”.
Amends Regulation 5
3 Regulation 5 of the principal Regulations is amended—
(a) by revoking paragraph (1) and substituting the
following—
“(1) Where the specification of a registered trade
mark is founded on the Second, Third, or Fourth
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,
Fourth, or Fifth 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.”; and
(b) by revoking paragraph (3) and substituting the
following—
“(3) Two or more registrations of a trade mark in
respect of goods or services falling within the same class
of the Third, Fourth, or Fifth Schedule, having the same
date of registration, may be amalgamated upon
conversion in accordance with this regulation.”.
Amends Regulation 19
4 Regulation 19(1) of the principal Regulations is amended by
deleting “Fourth” and substituting “Fifth”.
TRADE MARKS AND SERVICE MARKS AMENDMENT
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Amends Regulation 20
5 Regulation 20(3) of the principal Regulations is amended by
deleting “Fourth” and substituting “Fifth”.
Amends Regulation 93
6 Regulation 93(1) of the principal Regulations is amended by
deleting “Third or Fourth” and substituting “Third, Fourth, or Fifth”.
Inserts Fifth Schedule
7 The principal Regulations are amended by inserting after the
Fourth Schedule, a Fifth Schedule as set out in the Schedule to these
Regulations.
Commencement
8 These regulations come into operation on 13 November 2009.
SCHEDULE
(regulation 7)
“FIFTH SCHEDULE
(regulations 4(2), 4(3), and 20(3))
CLASSIFICATION OF GOODS AND SERVICES
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.
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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,
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.
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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.
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.
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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; combs and sponges;
brushes (except paint brushes); brush-making materials; articles for
cleaning purposes; steelwool; 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.
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Class 29
Meat, fish, poultry and game; meat extracts; preserved, frozen, 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.
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.
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Class 40
Treatment of materials.
Class 41
Education; providing of training; entertainment; sporting and cultural
activities.
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.
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
Legal services; security services for the protection of property and
individuals; personal and social services rendered by others to meet the
needs of individuals.”.
Made this 23rd day of October, 2009
Minister of Energy, Telecommunications and E-Commerce
