{
  "url": "https://openlegislation.uk/trade-marks-rules-1994/note",
  "json_url": "https://openlegislation.uk/trade-marks-rules-1994/note.json",
  "legislation": "uksi/1994/2583",
  "legislation_title": "The Trade Marks Rules 1994",
  "legislation_url": "https://openlegislation.uk/trade-marks-rules-1994",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Rules)\nThese Rules revoke and replace the Trade Marks and Service Marks Rules 1986 (S.I. 1986/1319, as amended). They re-enact, with modifications and amendments of a drafting nature, several provisions of the 1986 Rules and make several changes of substance in order to give effect to the provisions of the Trade Marks Act 1994 (“the Act”).\nThe changes of substance are as follows—\n(a) forms that are required by the registrar to be used for the purposes of registration and of any proceedings before him are not prescribed under these Rules; they are, however, required to be published in the Trade Marks Journal and users may, as before, satisfy the requirement to file on a form by filing either a replica of the form or a form acceptable to the registrar (rule 3);\n(b) a single application may relate to goods and services classified in more than one class of the classification (rule 8);\n(c) the requirements for providing an address for service have been simplified so that it is clear that such an address is only required for the purposes of any proceedings before the registrar (rule 10);\n(d) the time limits for correcting deficiencies in any application are clearly set out in a single rule (rule 11);\n(e) provision has been made for the filing of observations by third parties on the acceptability of marks, as is to be the case for the Community trade mark system to be introduced under Council Regulation (EC) No. 40/94 of 20th December 1993; copies of such observations are to be sent to the applicant (rule 15);\n(f) amendment of an application is restricted to corrections of errors or changes in the name and address of the applicant (where these appear in the mark) (rule 17);\n(g) provision has been made for the division of applications (rule 19);\n(h) provision has been made for the merging of applications providing this takes place before their publication for opposition purposes (rule 20);\n(i) following the introduction of registration of collective marks in section 49 of the Act, provision is made for the filing of regulations concerning their use, and for their amendment and opposition to such amendment (rules 22 and 23);\n(j) provision is made for the publication of voluntary disclaimers (rule 24);\n(k) provision is made for the entry onto the register of details concerning registrations in addition to those prescribed by section 63(2) of the Act (rule 33);\n(l) provision is made for the entry of details of registered transactions covered by section 25 of the Act (rule 34);\n(m) provision is made for the amendment of entries in the register consequent upon changes in the system of classification which have been agreed internationally (rule 40) and for opposition to such changes (rule 41);\n(n) the provisions concerning the confidentiality of documents and the public’s right to inspect documents filed at the Patent Office have been clarified (rules 43, 44 and 45);\n(o) provision has been made for the acceptance of affidavits in addition to statutory declarations, and the manner of subscription has been simplified to make it easier for overseas applicants to meet the Patent Office’s requirements (rule 50);\n(p) provision is made for appeals to the person appointed by the Lord Chancellor under section 76 and for the procedure relating to the hearing of appeals by that person (rules 57 and 59);\n(q) the procedures to be followed when correcting an error or an irregularity in procedure have been clarified (rule 60);\n(r) provision is made for the extension of times or periods prescribed by these Rules or specified by the registrar (rule 62);\n(s) the provisions governing the filing of documents cover filing by electronic means, thus making further rule changes (to cater for future developments) unnecessary (rule 63);\n(t) the hours of business of the Office and business days of the Office as specified by the registrar are to be published in the Trade Marks Journal and posted in the Office (rule 64);\n(u) formal provision is made for the publication of the Trade Marks Journal (rule 65);\n(v) rule 67 provides that in the case of a pending application (i.e. one made under the old law) which is advertised on or after 31st October 1994, the period within which notice of opposition may be filed shall be three months from the date of advertisement and that such period shall not be extendible;\n(w) rule 68 prescribes the form of the notice to the registrar claiming to have the registrability of a pending mark which has not been advertised before 31st October 1994 determined in accordance with the Act; and\n(x) rule 69 provides that any unexpired time or period prescribed by the Rules revoked by these Rules shall continue to apply to any act or proceedings to which they applied before their revocation.\nThe addresses for the filing of documents at the Patent Office are prescribed in the Patent Office (Address) Rules 1991 (S.I. 1991/675), namely—\n(i) Cardiff Road, Newport, Gwent NP9 1RH; and\n(ii) 25 Southampton Buildings, London WC2A 1AY.\nA compliance cost assessment is available, copies of which have been placed in the libraries of both Houses of Parliament. Copies of the assessment are also available from the Intellectual Property Policy Directorate of the Patent Office, Room 3/13, Hazlitt House, 45 Southampton Buildings, London WC2A 1AR.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1994/2583/note",
    "retrieved_at": "2026-10-29T13:25:08.080274+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}