The Trade Marks and Service Marks (Forms) (Amendment) Rules 1990

Statutory Instruments

1990 No. 1801

TRADE MARKS

The Trade Marks and Service Marks (Forms) (Amendment) Rules 1990

Made

3rd September 1990

Laid before Parliament

5th September 1990

Coming into force

1st October 1990

Whereas in pursuance of the requirements of section 40(3) of the Trade Marks Act 1938(1) the Secretary of State has, before making the following Rules under that Act, published notice of his intention to make such Rules and of the place where copies of the draft Rules might be obtained by advertising such notice in the Trade Marks Journal and the Official Journal (Patents) on 8th August 1990 and 15th August 1990, being the manner which he considered most expedient so as to enable persons affected to make representations to him before the Rules were finally settled:

Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 40 and 68(1) of the Trade Marks Act 1938 and now vested in him(2) and after consultation with the Council on Tribunals pursuant to section 10(1) of the Tribunals and Inquiries Act 1971(3) hereby makes the following Rules:—

1.  These Rules may be cited as the Trade Marks and Service Marks (Forms) (Amendment) Rules 1990 and shall come into force on 1st October 1990.

2.  The Schedule to the Trade Marks and Service Marks (Forms) Rules 1986(4) shall be amended—

(a) in the List of Forms shown thereunder, by substituting for the reference to “TM2” the reference to “TM3”, and by inserting after the reference to “TM10” the following entry—

“TM10A

Completion of registration of a trade or service mark.”;

(b) by substituting for Forms TM2, TM10 and TM11 set out thereunder, the Forms TM3, TM10 and TM11, respectively, set out in the Schedule to these Rules; and

(c) by inserting after Form TM10 set out thereunder the Form TM10A set out in the Schedule to these Rules.

Douglas Hogg

Department of Trade and Industry

3rd September 1990

Rule 2(b) and (c)

SCHEDULE

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe a new Form TM3 (to replace Form TM2) for an application to register a trade mark or service mark filed on or after the date of the coming into force (1st October 1990) of the Trade Marks and Service Marks (Fees) Rules 1990 (S.I. 1990/ 1800) under which a composite fee for application to register and for the registration of the mark is prescribed. A new Form TM10A is also prescribed (with no further fee payable) for the application for registration of a mark for which application to register was made on or after 1st October 1990. Form TM10 (which will continue to be required in the case of an application to register filed before 1st October 1990) and Form TM11 (form for renewal of registration) are revised.

(1)

1938 c. 22; the Act was applied with modifications, to service marks by the Trade Marks (Amendment) Act 1984 (c. 19), section 1, as amended by the Patents, Designs and Marks Act 1986 (c. 39), section 2(1) and Schedule 3.

(2)

S.I. 1970/1537.

(3)

1971 c. 62.

(4)

S.I. 1986/1367, amended by S.I. 1988/1112.