Government Fees (Trade Marks and Service Marks) Amendment Regulations 2016
FA E R
N
AT F
TQUO U
BERMUDA
GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS)
AMENDMENT REGULATIONS 2016
BR 27 / 2016
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 2016.
Revokes and replaces Schedule
The Schedule to the Government Fees (Trade Marks and Service Marks)
Regulations 1993 is revoked and replaced by the Schedule to these Regulations.
Transitional
Nothing in these Regulations affects the validity of a fee that is paid before the
coming into operation of these Regulations.
Commencement
These Regulations come into operation on 1 April 2016.
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2016
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
$112 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
$62 TM-No. 2
With application for the Registrar’s advice
under regulation 19
$168 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
$244 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)
$306 -
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
$168 -
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,
$78 -
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2016
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
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 38 of
the 1974 Act or the modified 1974 Act, for
each application or conversion opposed, by
the proprietor
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 38 of the 1974
Act or the modified 1974 Act, by proprietor
and by opponent respectively
$114 -
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
$244 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 $244 TM-No. 4
And for every other mark of the series $18 -
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
$260 TM-No. 11
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)
$18 TM- No. 4
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2016
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
$112 -
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
$196 TM-No. 6 or
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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
$224 -
If made after expiration of twelve months from
the date of acquisition of proprietorship or the
coming into operation of these Regulations
$252 -
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 $196 TM-No. 6 or
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And for every other mark $34 -
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—
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2016
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
For the first mark $224 -
And for every other mark $34 -
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 $252 -
And for every other mark $34 -
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 the first mark $112 -
And for every other mark $34 -
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 $62 -
Not exceeding two months $112 -
Not exceeding three months $174 -
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
$358 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
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2016
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
or the modified 1974 Act) at expiration of last
registration—
For the first mark of the series $358 TM-No. 9
And for every other mark of the series $18 -
19. Restoration fee under regulation 59 $208 TM-No. 9
and TM-No.
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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
$180 -
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
$112 -
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 $62 -
And for every other entry $34 -
23. On request, not otherwise charged, for
correction of clerical error or for permission to
amend application
$62 -
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
$62 -
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2016
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
mark or service mark where there has been
no change in the proprietorship or in the
identity of the user
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 $62 -
And for every other mark $34 -
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
$62 -
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
$62 -
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 $62 -
And for every other entry included in the
application
$34 -
29. For altering one or more entries of an address
for service in the register included in one
application for alteration, where the address
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2016
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
and the alteration in each case are the
same—
For the first entry $62 -
And for every other entry $34 -
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
$62 -
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 $62 -
And for every other mark $34 -
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
$112 -
33. On application by registered proprietor,
under section 38 of the 1974 Act and
regulation 5, for conversion of specification
$62 -
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—
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2016
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
For one mark $112 -
And for every other mark of the same
proprietor having the same specification
$34 -
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
$262 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
$102 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 thereof and subject
to the same conditions and restrictions in
each case—
For the first mark $102 TM-No. 12
And for every other mark of the proprietor
included in the application and statement of
case
$34 -
38. On application by the proprietor of a single
trade mark or a single service mark, under
section 31(10)(a) of the 1974 Act or the
modified 1974 Act and regulation 84, to vary
the entry of a registered user thereof
$146 -
39. On application by the proprietor of more than
one trade mark or one service mark under
section 31(10)(a) of the 1974 Act or the
modified 1974 Act and regulation 84, to vary
the entries of a registered user thereof—
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2016
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
For the first mark $146 -
And for every other mark of the proprietor for
which the same user is registered, included in
the application
$34 -
40. On application by the proprietor or registered
user of a single trade mark or a single service
mark, under section 31(10)(b) of the 1974 Act
or the modified 1974 Act and regulation 85,
for cancellation of the entry of a registered
user thereof
$62 -
41. On application by the proprietor or registered
user of more than one trade mark or service
mark, under section 31(10)(b) 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 $62 -
And for every other mark of the proprietor for
which the same user is registered, included in
the application
$34 -
42. On application under section 31(10)(c) 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
$62 -
43. On application under section 31(10)(c) 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 $74 -
And for every other mark of the same
proprietor for which the same user is
registered, included in the application
$34 -
44. On notice under section 31(11) of the 1974
Act or the modified 1974 Act and regulation
$112 -
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2016
Column 1
Fee No.
Column 2
Function
Column 3
Amount
Column 4
Form No.
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
45. For endorsement of a certificate under
regulation 60 or 68(2)—
In respect of a trade mark or a service mark $62 -
In respect of a series of trade marks or service
marks
$74 -
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)—
In respect of the registration of a trade mark
or a service mark
$62 -
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
$74 -
47. For inspecting any document or making a
search of the register under regulation 94 (fee
is per half hour or part thereof)
$34 TM-No. 14
48. For every entry in the register of a rectification
thereof or an alteration therein, not otherwise
charged
$74 -
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)
$34 -
50. For office copy of entry in the register or of
document (fee is for each page or portion of
page)
$24 -
51. For certifying office copy, or MS or
photographic or printed matter
$34 -
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GOVERNMENT FEES (TRADE MARKS AND SERVICE MARKS) AMENDMENT
REGULATIONS 2016
Made this 28th day of March 2016
Minister of Finance
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