Statutory Instrument 1996 No. 1942

The Trade Marks (Fees) Rules 1996

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© Crown Copyright 1996

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1996 No. 1942

TRADE MARKS

The Trade Marks (Fees) Rules 1996

The Secretary of State, in exercise of the powers conferred by sections 54 and 79 of the Trade Marks Act 1994^[1] ("the Act"), of the power conferred on him by the Department of Trade and Industry (Fees) Order 1988^[2], and of all other powers enabling him in that behalf, hereby makes the following Rules:—

    1.    These Rules may be cited as the Trade Marks (Fees) Rules 1996 and shall come into force on 2nd October 1996.

    2.    These Rules shall be construed as one with the Trade Marks Rules 1994^[3] and the Trade Marks (International Registration) Order 1996^[4].

    3.    The fees to be paid in respect of any matters arising under the Act, the Trade Marks Rules 1994 and the Trade Marks (International Registration) Order 1996 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 specified in the Trade Marks Rules 1994 or the Trade Marks (International Registration) Order 1996 that form shall be accompanied by the fee specified in respect of that matter (unless the Rules or the Order otherwise provide).

    4.    Where a fee has been paid in error, the registrar shall repay the same; and where a fee has been paid in excess of the amount specified hereunder, the registrar shall remit the amount paid in excess.

    5.—(1)  These are hereby revoked—
 (a) the Trade Marks (Fees) Rules 1994^[5].
 (b) the Trade Marks (International Registration) (Fees) Rules 1996^[6].

    (2)  Notwithstanding the revocation of the Trade Marks (Fees) Rules 1994, the Rules referred to below shall continue to apply in respect of any matter arising under the Trade Marks and Service Marks Rules 1986^[7] (as amended) for which a fee is specified thereunder, in so far as those Rules continue to apply to any application for registration of a trade mark or service mark filed before 31st October 1994 or to any proceedings thereunder commenced before that date—
 (a) the Trade Marks and Service Marks (Fees) Rules 1992^[8];
 (b) the Trade Marks and Service Marks (Fees) (Amendment) Rules 1993^[9]
and
 (c) the Trade Marks and Service Marks (Fees) (Amendment) Rules 1994^[10]

Ian Taylor

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

23rd July 1996

[1] 1994 c. 26. back

[2] S.I. 1988/93 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; relevant amending instrument is S.I. 1990/1473. back

[3] S.I. 1994/2583. back

[4] S.I. 1996/714. back

[5] S.I. 1994/2584. back

[6] S.I. 1996/715. back

[7] S.I. 1986/1367. back

[8] S.I. 1992/1069. back

[9] S.I. 1993/3029. back

[10] 1994/2581. back

Explanatory Note