The Trade Marks (International Registration) (Amendment) Order 2009

Statutory Instruments

2009 No. 2464

Trade Marks

The Trade Marks (International Registration) (Amendment) Order 2009

Made

7th September 2009

Laid before Parliament

9th September 2009

Coming into force

1st October 2009

The Secretary of State makes the following Order in exercise of the power conferred by section 54 of the Trade Marks Act 1994(1) and of the power conferred by the Department of Trade and Industry (Fees) Order 1988(2).

In accordance with paragraph 24 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007(3), the Secretary of State has consulted the Administrative Justice and Tribunals Council before making this Order.

Citation and commencement

1.  This Order may be cited as the Trade Marks (International Registration) (Amendment) Order 2009 and comes into force on 1st October 2009.

Amendments to the Trade Marks (International Registration) Order 2008

2.  The Trade Marks (International Registration) Order 2008(4) is amended as follows.

3.  In Schedule 2, paragraph 7 omit the words “and recorded in the supplementary register”.

4.  In Schedule 6, in the entry “Request for an extension of time (trade marks rule 77(2)) - £50” for “£50” substitute “£100”.

Drayson

Minister for Science and Innovation

Department for Business, Innovation, and Skills

7th September 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Trade Marks (International Registration) Order 2008 (SI 2008/2206) (“the Order”).

Article 3 removes the requirement to register in the supplementary register (as defined in article 2 of the Order) any restriction of the goods and services covered by a request for extension.

Under article 4, the fee to request an extension of time under rule 77(2) of the Trade Marks Rules 2008 (SI 2008/1797) (as applied to international trade marks (UK) by article 3 of the Order) is increased from £50 to £100.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Intellectual Property Office, Room 2B36, Concept House, Cardiff Road, Newport, NP10 8QQ and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website and copies have been placed in the libraries of both Houses of Parliament.

(1)

1994 c. 26.

(2)

S.I. 1988/93, amended by S.I. 1990/1473, both of which were made under section 102 of the Finance (No.2) Act 1987 (c. 51); there are other amending instruments but none is relevant.

(3)

2007 c.15.

(4)

S.I. 2008/2206.