GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2010
FA E R
N
AT F
TQUO U
BERMUDA
GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2010
BR 14 / 2010
The Minister of Finance, in exercise of the power conferred by section 2 of the
Government Fees Act 1965, makes the following Regulations:
Citation
These Regulations may be cited as the Government Fees (Trade Marks and Service
Marks) Amendment Regulations 2010.
Revokes and replaces Schedule
The Schedule to the Government Fees (Trade Marks and Service Marks)
Regulations 1993 is revoked and replaced by the contents of the Schedule to these
Regulations.
Commencement and transitional
Subject to paragraph (2), these Regulations come into operation on 1 April
2010.
Nothing in these Regulations affects the validity of a fee that is paid before the
coming into operation of these Regulations.
1
2
3 (1)
(2)
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2010
SCHEDULE
(regulation 2)
“SCHEDULE
(regulation 3)
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
$100 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
$55 TM-No. 2
With application for the Registrar’s advice
under regulation 19
$150 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
$220 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)
$275 —
5. On notice of opposition before the Registrar
under section 19 of the 1974 Act or the
$150 —
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2010
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
modified 1974 Act and regulation 39, for
each application opposed, by opponent
6. On lodging a counter-statement in answer
to a notice of the 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
$70 —
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
$100 —
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
$220 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 $220 TM-No. 4
And for every other mark of the series $15
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2010
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
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
$230 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)
$15 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
$100 —
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
$175 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
$200
If made after expiration of twelve months
from the date of acquisition of
proprietorship or the coming into operation
of these Regulations
$225
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—
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2010
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
If made within six months from the date of
acquisition of proprietorship or the coming
into operation of these Regulations—
For the first mark $175 TM-No. 6 or 7
And for every other mark $30
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 $200
And for every other mark $30
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 $225
And for every other mark $30
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 $100 —
And for every other mark assigned with the
same devolution of title $30
—
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—
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2010
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
Not exceeding one month $55 —
Not exceeding two months $100 —
Not exceeding three months $155 —
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
$325 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 $325 TM-No. 9
And for every other mark of the series $15
19. Restoration fee under regulation 59 $185 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
$160 —
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
$100 —
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
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2010
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
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 $55 —
And for every other entry $30
23. On request, not otherwise charged, for
correction of clerical error or for permission
to amend application
$55 —
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
$55 —
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 $55 —
And for every other mark $30
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
$55 —
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
$55 —
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2010
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
of disclaimer or memorandum in the
register
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 $55 —
And for every other entry included in the
application
$30
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 $55 —
And for every other entry $30
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 —
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—
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2010
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
For the first mark $55 —
And for every other mark $30
32. On notice of opposition, under section 37(3)
of the 1974 Act or the modified 1974 Act
and regulation 79, an application for leave
to add to or alter registered trade marks or
service marks, for each application opposed
$100 —
33. On application by registered proprietor,
under section 38 of the 1974 Act and
regulation 5, for conversion of specification
$55 —
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 $100 —
And for every other mark of the same
proprietor having the same specification
$30
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
$235 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
$90 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
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2010
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
thereof and subject to the same conditions
and restrictions in each case—
For the first mark $90 TM-No. 12
And for every other mark of the proprietor
included in the application and statement
of case
$30
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
$130 —
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 $130 —
And for every other mark of the proprietor
for which the same user is registered,
included in the application
$30
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
$55 —
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—
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2010
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
For the first mark $55 —
And for every other mark of the proprietor
for which the same user is registered,
included in the application
$30
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
$55 —
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 $55 —
And for every other mark of the same
proprietor for which the same user is
registered, included in the application
$30
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
$100 —
45. For endorsement of a certificate underregulation 60 or 68(2)—
In respect of a trade mark or a service mark $55
In respect of a series of trade marks or
service marks
$65
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)—
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2010
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
$55
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
$65
47. For inspecting any document or making a
search of the register under regulation 94
(fee is per half hour or part thereof)
$30 —
48. For every entry in the register of a
rectification thereof or an alteration
therein, not otherwise charged
$65 —
49. On application to the Registrar for an
extension of time under regulation 89 to do
any act or to take any proceeding (fee is for
two-month period or part thereof)
$30 —
50. For office copy of entry in the register or of
document (fee is for each page or portion of
page)
$20
51. For certifying office copy, or MS orphotographic or printed matter
$30 —”
Made this 23rd day of March 2010
Minister of Finance
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