Trade Marks Act 1994

Rules, fees, hours of business, &c. U.K.

78 Power of Secretary of State to make rules. U.K.

(1) The Secretary of State may make rules—

(a) for the purposes of any provision of this Act authorising the making of rules with respect to any matter, and

(b) for prescribing anything authorised or required by any provision of this Act to be prescribed,

and generally for regulating practice and procedure under this Act.

(2) Provision may, in particular, be made—

(a) as to the manner of filing of applications and other documents;

(b) requiring and regulating the translation of documents and the filing and authentication of any translation;

(c) as to the service of documents;

(d) authorising the rectification of irregularities of procedure;

(e) prescribing time limits for anything required to be done in connection with any proceeding under this Act;

(f) providing for the extension of any time limit so prescribed, or specified by the registrar, whether or not it has already expired.

(3) Rules under this Act shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I1 S. 78 wholly in force at 31.10.1994; s. 78 not in force at Royal Assent see s. 109; s. 78 in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

79 Fees. U.K.

(1) There shall be paid in respect of applications and registration and other matters under this Act such fees as may be prescribed.

(2) Provision may be made by rules as to—

(a) the payment of a single fee in respect of two or more matters, and

(b) the circumstances (if any) in which a fee may be repaid or remitted.

Commencement Information

I2 S. 79 wholly in force at 31.10.1994; s. 79 not in force at Royal Assent see s. 109; s. 79 in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

80 Hours of business and business days. U.K.

(1) The registrar may give directions specifying the hours of business of the Patent Office for the purpose of the transaction by the public of business under this Act, and the days which are business days for that purpose.

(2) Business done on any day after the specified hours of business, or on a day which is not a business day, shall be deemed to have been done on the next business day; and where the time for doing anything under this Act expires on a day which is not a business day, that time shall be extended to the next business day.

(3) Directions under this section may make different provision for different classes of business and shall be published in the prescribed manner.

Commencement Information

I3 S. 80 wholly in force at 31.10.1994; s. 80 not in force at Royal Assent see s. 109; s. 80(1)(3) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 80 not already in force by S.I. 1994/2550, arts. 2, 3, Sch.

81 The trade marks journal. U.K.

Provision shall be made by rules for the publication by the registrar of a journal containing particulars of any application for the registration of a trade mark (including a representation of the mark) and such other information relating to trade marks as the registrar thinks fit.

Commencement Information

I4 S. 81 wholly in force at 31.10.1994; s. 81 not in force at Royal Assent see s. 109; s. 81 in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.