The Trade Marks and Trade Marks (Fees) (Amendment) Rules 2008

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Trade Mark Rules 2000 (SI 2000/136) (“the 2000 Rules”) and the Trade Marks (Fees) Rules 2000 (SI 2000/137) (“the Fees Rules”).

Rule 3 amends rule 5 of the 2000 Rules to provide that the applicant for registration of a single trade mark (but not an applicant for registration of a series of trade marks) may request that the registrar notify him within a period of 10 business days beginning on the business day after the date of filing of the application (as defined in section 33 of the Trade Marks Act 1994 (“the Act”)) whether or not the requirements for registration under the Act or under the 2000 Rules are met. Such request must be filed electronically on Form TM3 and be accompanied by the application fee, such class fees as are appropriate and the prescribed fee of £300 (see Rule 7). In accordance with rule 70 of the 2000 rules, the directions which the registrar has given specifying the business days of the Office have been published in the Trade Marks Journal (supplement to Journal 6048 dated 31 October 1994) and are posted in the Office.

Rule 4 inserts a new rule 11B into the 2000 Rules. This new rule determines the date on which the Registrar shall be deemed to have given notice to the applicant as to whether or not the requirements for registration under the Act appear to have been met, which is relevant for the purposes of assessing whether the registrar has complied with the request for expedited examination within the period specified in rule 5(1D).

Rule 6 inserts a new rule 3A into the Fees Rules to provide that the fee payable in respect of a request for expedited examination will be repaid if the registrar notifies the applicant whether or not the requirements for registration appear to have been met following the expiry of a period of 10 business days beginning on the business day following the date of filing of the application.

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 UK 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.