Statutory Instruments
1994 No. 2625
TRADE MARKS
The Trade Marks (Customs) Regulations 1994
Made
11th October 1994
Laid before Parliament
11th October 1994
Coming into force
31st October 1994
The Commissioners of Customs and Excise, in exercise of the powers conferred on them by section 90(1), (2) and (3) of the Trade Marks Act 1994(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:
Modifications etc. (not altering text)
1. These Regulations may be cited as the Trade Marks (Customs) Regulations 1994 and shall come into force on 31st October 1994.U.K.
Commencement Information
I1Reg. 1 in force at 31.10.1994, see reg. 1
2. If notice is given under section 89(1) of The Trade Marks Act 1994 by the proprietor or licensee of a registered trade mark in respect of certain goods it shall be in the form set out in the Schedule to these Regulations or a form to the like effect approved by the Commissioners; and separate notices shall be given in respect of each arrival of such goods.U.K.
Commencement Information
I2Reg. 2 in force at 31.10.1994, see reg. 1
3. A fee of £30 (plus value added tax) in respect of each notice shall be paid to the Commissioners at the time it is given.U.K.
Commencement Information
I3Reg. 3 in force at 31.10.1994, see reg. 1
4. The person giving the notice shall give to the Commissioners such security or further security within such time and in such manner, whether by deposit of a sum of money or guarantee, as the Commissioners may require, in respect of any liability or expense which they may incur in consequence of the notice by reason of the detention of any goods or anything done to goods so detained: and if such security or further security is not given within the time specified by the Commissioners, then (but without prejudice to the operation of regulation 5 below) the notice shall have no effect.U.K.
Commencement Information
I4Reg. 4 in force at 31.10.1994, see reg. 1
5. In every case, whether any security or further security is given or not, the person who has given the notice shall keep the Commissioners indemnified against all such liability and expense as is mentioned in regulation 4 above.U.K.
Commencement Information
I5Reg. 5 in force at 31.10.1994, see reg. 1
6.—(1) The person giving the notice shall, either on giving notice or when the goods are imported, furnish the Commissioners with the certificate of registration (or a copy of it) issued by the Registrar of Trade Marks on the registration of the trade mark specified in the notice, together with evidence that such registration was duly renewed at all such times as it may have expired.U.K.
(2) If such a certificate or copy and, where applicable, evidence of renewal is not furnished in accordance with paragraph (1) above then the goods shall not be detained, or, if detained, shall be released, and (but without prejudice to the operation of regulation 5 above) any notice given in respect of them shall have no effect.
Commencement Information
I6Reg. 6 in force at 31.10.1994, see reg. 1
7. The Trade Marks (Customs) Regulations 1970(2) are hereby revoked.U.K.
Commencement Information
I7Reg. 7 in force at 31.10.1994, see reg. 1
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ.
SCHEDULEU.K.NOTICE UNDER SECTION 89 TRADE MARKS ACT 1994 REQUESTING INFRINGING GOODS, MATERIAL OR ARTICLES TO BE TREATED AS PROHIBITED GOODS
Please read these notes before completing this noticeU.K.
1. This notice may only be given by the proprietor of a registered trade mark, or a licensee. A separate notice must be given in respect of each consignment.
Commencement Information
I8Sch. para. 1 in force at 31.10.1994, see reg. 1
2. Please note that in Part 3 it is not mandatory to provide details other than the time and place of expected arrival of infringing goods but it will greatly increase the prospect of intercepting the consignment concerned if all the details requested are given.
Commencement Information
I9Sch. para. 2 in force at 31.10.1994, see reg. 1
3. A fee of £30 (plus VAT) is payable for each notice given. Please enclose a cheque for the required amount, made payable to “Commissioners of Customs and Excise”.
Commencement Information
I10Sch. para. 3 in force at 31.10.1994, see reg. 1
4. A copy of the certificate of registration for the trade mark, as well as the certificate of renewal (where applicable), is to be enclosed with the notice, or submitted when the goods are imported.
Commencement Information
I11Sch. para. 4 in force at 31.10.1994, see reg. 1
5. The person who has given notice shall keep the Commissioners of Customs and Excise indemnified against any liability or expense which they may incur in consequence of the notice by reason of the detention of any goods or anything done to goods detained. The person giving the notice may be required to provide a security to cover this indemnity.
Commencement Information
I12Sch. para. 5 in force at 31.10.1994, see reg. 1
Explanatory Note
(This note is not part of the Regulations)
These Regulations prescribe the form in which the proprietor of a registered trade mark, or a licensee, may give notice under section 89 of the Trade Marks Act 1994(3) to the Commissioners of Customs and Excise of the expected arrival of goods which he wishes to be treated as prohibited. They apply not only to infringing goods, but also to infringing material (e.g. labelling or packaging) and infringing articles (items designed or adapted for making copies of the trade mark) as defined in section 17 of the Act.
These Regulations also specify the fee to be paid and conditions to beobserved by the person giving the notice.
Section 89 applies only to goods which are expected to arrive in the United Kingdom from outside the European Economic Area, or from within that Area but which have not been entered for free circulation, and does not apply in circumstances where the proprietor of the trade mark, or licensee, is entitled to lodge an application under Council Regulation (EEC) No. 3842/86 (O.J. No. L357, 18.12.86, p. 1.).
The Regulations revoke The Trade Marks (Customs) Regulations 1970(4) made under section 64A(3) of the Trade Marks Act 1938(5) which was repealed by the Trade Marks Act 1994.
S.I. 1970/212.
S.I. 1970/212.
1938 (c. 22). Section 64A was inserted by section 17 of the Trade Descriptions Act 1968 (c. 29).