The Trade Marks and Service Marks (Fees) (Amendment) Rules 1993

Statutory Instruments

1993 No. 3029

TRADE MARKS

The Trade Marks and Service Marks (Fees) (Amendment) Rules 1993

Made

1st December 1993

Laid before Parliament

8th December 1993

Coming into force

29th December 1993

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, ublished 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 6th October 1993 and 13th October 1993, 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, 41 and 68(1) of the Trade Marks Act 1938 and now vested in him(2), of the power conferred on him by the Department of Trade and Industry (Fees) Order 1988(3), and of all other powers enabling him in that behalf, and with the sanction of the Treasury pursuant to the said section 41, hereby makes the following Rules:—

1.  These Rules may be cited as the Trade Marks and Service Marks (Fees) (Amendment) Rules 1993 and shall come into force on 29th December 1993.

2.  These Rules shall be construed as one with the Trade Marks and Service Marks Rules 1986(4).

3.  The Schedule to the Trade Marks and Service Marks (Fees) Rules 1992(5) is amended by deleting from the third column thereof the figure “20” shown in relation to the item “TM45” appearing under the first column thereof.

Patrick McLoughlin

Parliamentary Under Secretary of State for Trade and Technology

Department of Trade and Industry

4th November 1993

We sanction the making of these Rules.

Tim Wood

Irvine Patnick

Two of the Lords Commissioners of Her Majesty’s Treasury

1st December 1993

Explanatory Note

(This note is not part of the Rules)

The Trade Marks and Service Marks (Fees) Rules 1992 (S.I. 1992/1069) require the payment of a fee of 20 in relation to an application for conversion of a specification from the old (pre-1938) classification in Schedule 3 to the Trade Marks and Service Marks Rules 1986 to the new classification in Schedule 4 thereto. The Patent Office is desirous of encouraging more applications for conversions by the abolition of the fee so as to update its register, and these Rules abolish that fee.

(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)

S.I. 1988/93, as amended by S.I. 1990/1473, which was made under section 102 of the Finance (No. 2) Act 1987 (c. 51). The relevant provisions of that Order are article 5 and Part II of Schedule 1.

(4)

S.I. 1986/1319, to which there are amendments not relevant to these Rules.

(5)

S.I. 1992/1069.