The Trade Marks Rules 1994

Collective and certification marks

Filling of regulations for collective and certification marks; Schs. 1 & 2 (Form TM35)

22.  Within nine months of the date of the application for the registration of a collective or certification mark, the applicant shall file Form TM35 accompanied by a copy of the regulations governing the use of the mark.

Amendment of regulations of collective and certification marks; Sch. 1 para. 10 and Sch. 2 para. 11 (Forms TM36 & TM7)

23.—(1) An application for the amendment of the regulations governing the use of a registered collective or certification mark shall be filed on Form TM36.

(2) Where it appears expedient to the registrar that the amended regulations should be made available to the public he shall publish a notice indicating where copies of the amended regulations may be inspected.

(3) Any person may, within three months of the date of publication of the notice under paragraph (2) above, make observations to the registrar on the amendments relating to the matters referred to in paragraph 6(1) of Schedule 1 in relation to a collective mark, or, paragraph 7(1) of Schedule 2 in relation to a certification mark; the registrar shall send a copy thereof to the proprietor.

(4) Any person may, within three months of the date of publication of the notice, file notice on Form TM7 to the registrar of opposition to the amendment, accompanied by a statement of the grounds of opposition, indicating why the amended regulations do not comply with the requirements of paragraph 6(1) of Schedule 1 or, as the case may be, paragraph 7(1) of Schedule 2.

(5) The registrar shall send a copy of the notice and the statement to the proprietor and thereafter the procedure in rule 13(2)-(8) shall apply to the proceedings as they apply to proceedings relating to opposition to an application for registration.