Statutory Instruments
TRADE MARKS
Made
5th October 1994
Laid before Parliament
7th October 1994
Coming into force
28th October 1994
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, published 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 14th September 1994, 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, 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 1994 and shall come into force on 28th October 1994.
2. The Schedule to the Trade Marks and Service Marks (Fees) Rules 1992(4) is amended by inserting in the third column thereof, in relation to the item "TM7" appearing under the first column thereof, the figure "200".
Ian Taylor
Parliamentary Under-Secretary of State for Trade and Technology,
Department of Trade and Industry
29th September 1994
We sanction the making of these Rules
Andrew Mitchell
Tim Wood
Two of the Lords Commissioners of Her Majesty's Treasury
5th October 1994
(This note is not part of the Rules)
These Rules amend the Trade Marks and Service Marks (Fees) Rules 1992 to require the payment of £200 for filing a notice of opposition to an application for registration of a trade mark or service mark.
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.
S.I. 1970/1537.
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.
S.I. 1992/1069, to which there is an amendment not relevant to these Rules.