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

Amendments to the Trade Marks Rules 2000

3.  In rule 5 (Applications for registration; s 32 (Form TM3)) after paragraph (1) insert—

“(1A) Where an application is for the registration of a single trade mark, an applicant may request the registrar to undertake an expedited examination of the application.

(1B) A request for expedited examination shall be made on Form TM3 which shall be filed electronically using the filing system provided on the Office website, or by such other means as the registrar may at the registrar’s discretion permit in any particular case, and shall be subject to payment of the prescribed fee.

(1C) Where an applicant makes a request for expedited examination, the application fee and any class fees payable in respect of the application shall be payable at the time the application is made and accordingly rule 11 shall not apply insofar as it relates to the failure of an application to satisfy the requirements of section 32(4).

(1D) In this rule and rule 11B a “request for expedited examination” means a request that, following an examination under section 37, the registrar notify the applicant within a period of ten business days (as specified in a direction given by the registrar under section 80) beginning on the business day after the date of filing of the application for registration whether or not it appears to the registrar that the requirements for registration are met.”.