Statutory Instrument 1989 No. 903

The Trade Marks and Service Marks (Fees) Rules 1989

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© Crown Copyright 1989

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1989 No. 903

TRADE MARKS

The Trade Marks and Service Marks (Fees) Rules 1989

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 the 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 26th April 1989, 3rd May 1989 and 10th May 1989, 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 and 41 of the Trade Marks Act 1938 and now vested in him^[2] , after consultation with the Council on Tribunals pursuant to section 10(1) of the Tribunals and Inquiries Act 1971^[3] and with the sanction of the Treasury pursuant to the said section 41, hereby makes the following Rules:

    1.—(1)  These Rules may be cited as the Trade Marks and Service Marks (Fees) Rules 1989 and shall come into force on 3rd July 1989.

    (2)  The Trade Marks and Service Marks (Fees) Rules 1988^[4] are hereby revoked.

    2.    These Rules shall be construed as one with the Trade Marks and Service Marks Rules 1986^[5] .

    3    The fees to be paid in respect of any matters arising under the Trade Marks Act 1938 shall be those specified in the Schedule to these Rules, and in any case where a form specified in the Schedule as the corresponding form in relation to any matter is required by the Trade Marks and Service Marks Rules 1986 to be used, that form shall be accompanied by the fee specified in respect of that matter.

Eric Forth

Department of Trade and Industry

24th May 1989
We sanction the making of these Rules.

Stephen Dorrell

David Maclean

Two of the Lords Commissioners of Her Majesty's Treasury

25th May 1989

[1] 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. back

[2] S.I. 1970/1537. back

[3] 1971 c. 62. back

[4] S.I. 1988/894. back

[5] S.I. 1986/1319, to which there are amendments not relevant to these Rules. back

Explanatory Note