Statutory Instrument 1991 No. 1898

The Trade Marks and Service Marks (Fees) Rules 1991

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© Crown Copyright 1991

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1991 No. 1898

TRADE MARKS

The Trade Marks and Service Marks (Fees) Rules 1991

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 10th July 1991 and 17th July 1991, 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, after consultation with the Council on Tribunals pursuant to section 10(1) of the Tribunals and Inquiries Act 1971^[4] 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 1991 and shall come into force on 9th September 1991.

    (2)  The Trade Marks and Service Marks (Fees) Rules 1990^[5] are hereby revoked.

    2.    These Rules shall be construed as one with the Trade Marks and Service Marks Rules 1986^[6].

    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, if any, specified in respect of that matter.

Reay

Parliamentary Under Secretary of State for Industry and Technology, Department of Trade and Industry

10th August 1991
We sanction the making of these Rules.

Thomas Sackville

Sydney Chapman

Two of the Lords Commissioners of Her Majesty's Treasury

21st August 1991

[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] 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. back

[4] 1971 c. 62. back

[5] S.I. 1990/1800. back

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

Explanatory Note