Explanatory note
(This note is not part of the Rules)
These Rules revoke and replace the Trade Marks and Service Marks (Fees) Rules 1992 (S.I. 1992/1069, as amended), and make changes consequent upon the Trade Marks Act 1994. Changes of substance are as follows—
the introduction of a class fee for applications for registration or renewal of a registration which cover goods and services falling in more than one class of the international classification, consequent upon the introduction of “multi–class filings” (i.e. the ability to file single applications covering several classes rather than a single class — as was the case under the previous Rules);
the re–introduction of a fee for opposing the registration of a trade mark or for seeking its revocation or rectification of the register;
the introduction of a fee for extensions of the time–limits in which to carry out the registrar’s instructions; this fee will apply to all extensions of time–limits requested after advertisement of the mark for opposition purposes and to any requests for extensions of time–limits sought after the first extension of three months following a hearing before the registrar;
the introduction of a fee for conversion of an application from one made under the Trade Marks Act 1938 (as amended) to one made under the Trade Marks Act 1994; this is a facility available under the transitional provisions of Schedule 3 to the 1994 Act during the first six months of the operation of that Act; and
the introduction of fees to cover division and merger of applications for registration, and merger of registrations; these are new facilities introduced by the Act.
Most of the fees in respect of other matters have been retained at the 1992 levels.