The Trade Marks Rules 2000

Change of classification

Change of classification; ss. 65(2) & 76(1)

46.—(1) Subject to section 65(3), the registrar may–

(a) in order to reclassify the specification of a registered trade mark founded on Schedule 2 to one founded on Schedule 3, or

(b) consequent upon an amendment of the International Classification of Goods and Services referred to in rule 7(2) above,

make such amendments to entries on the register as she considers necessary for the purposes of reclassifying the specification of the registered trade mark.

(2) Before making any amendment to the register under paragraph (1) above the registrar shall give the proprietor of the mark written notice of her proposals for amendments and shall at the same time advise him that–

(a) he may make written objections to the proposals, within three months of the date of the notice, stating the grounds of his objections, and

(b) if no written objections are received within the period specified the registrar will publish the proposals and he will not be entitled to make any objections thereto upon such publication.

(3) If the proprietor makes no written objections within the period specified in paragraph (2)(a) above or at any time before the expiration of that period gives the registrar written notice of his intention not to make any objections, the registrar shall as soon as practicable after the expiration of that period or upon receipt of the notice publish the proposals.

(4) Where the proprietor makes written objections within the period specified in paragraph (2)(a) above, the registrar shall, as soon as practicable after she has considered the objections, publish the proposals or, where she has amended the proposals, publish the proposals as amended; and her decision shall be final and not subject to appeal.

Opposition to proposals; ss. 65(3) & 76(1) (Form TM7)

47.—(1) Notice of any opposition shall be filed on Form TM7 within three months of the date of publication of the proposals under rule 46 above and there shall be stated in the notice the grounds of opposition and, in particular, how the proposed amendments would be contrary to section 65(3).

(2) The registrar may require or admit evidence directed to the questions in issue and if so requested by any person opposing the proposal give that person the opportunity to be heard thereon before deciding the matter.

(3) If no notice of opposition under paragraph (1) above is filed within the time specified, or where any opposition has been determined, the registrar shall make the amendments as proposed and shall enter in the register the date when they were made; and her decision shall be final and not subject to appeal.