Explanatory note

These Rules prescribe fees in relation to matters arising under the Trade Marks Act 1994 (“the Act”) and the Trade Marks Rules 2008 (S.I. 2008/1797) (the “2008 Rules”) as amended by the Trade Marks (Fast Track Opposition) (Amendment) Rules 2013.

These Rules amend the Trade Marks (Fees) Rules 2008 (S.I. 2008/1958) in four respects. They amend the entry for TM7 to provide for a £100 fee for a notice of opposition to the registration of a mark where the grounds of opposition are based solely on either or both of sub-sections 5(1) and (2) of the Act. They provide for two new fees of £100 payable with Form TM7F, to give notice of fast track opposition, and with Form TM7G, to apply to add grounds other than under section 5(1) or 5(2) of the Act, to an opposition under Rule 17. The Rules also provide for a further new fee of £250 payable on an appeal on Form TM55P to the person appointed under section 76 of the Act in proceedings between two or more parties.

A separate impact assessment has not been produced for this instrument as it is made in consequence of the Trade Marks (Fast Track Opposition) (Amendment) Rules 2013. However, a full impact assessment of the effect that the Trade Marks (Fast Track Opposition) (Amendment) Rules 2013 will have on the costs of business and the voluntary sector is available from the Intellectual Property Office, Concept House, Cardiff Road, Newport NP10 8QQ and is annexed to the Explanatory Memorandum which is available alongside that instrument on www.legislation.gov.uk. Copies of that impact assessment have also been placed in the libraries of both Houses of Parliament.