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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
FRIDAY, 8 AUGUST 2008
New UK fees and amended CTM rules

The new United Kingdom Trade Marks (Fees) Rules 2008 (2008 No. 1958) were laid before Parliament, on 23 July, coming into force on 1 October 2008. These Rules prescribe fees in relation to matters arising under the Trade Marks Act 1994 and the Trade Marks Rules 2008 (SI 2008/1797). The new Fees Rules contain a little chart that gives the names of the various forms to fill in, together with the new fee (the old fees are not included, so you can't easily compare them).

Another set of new provisions are the Community Trade Mark (Amendment) Regulations 2008 (2008 No. 1959, also laid before Parliament on 23 July and coming into force on 1 October). These provide just one thing:

"In regulation 4(2) of the Community Trade Mark Regulations 2006 for the words
“rules 31 to 37, 54 to 62, 67 to 69 and 72 of the Trade Marks Rules 2000” there shall be substituted “rules 38 to 43, 45, 62 to 79 and 82 of the Trade Marks Rules 2008”."
For the record, regulation 4(2) states, in context, as follows:

"Procedure for declaration that trade mark would have been liable to be revoked or declared invalid

4. —(1) In proceedings on an application under regulation 3(1) or (2) the registration of a person as proprietor of a trade mark shall be prima facie evidence of the validity of the original registration.

(2) In the case of such proceedings before the registrar, the provisions of rules 31 to 37, 54 to 62, 67 to 69 and 72 of the Trade Marks Rules 2000, with necessary modifications, shall apply".

Posted by: Blog Administrator @ 09.55
Tags: UK rules,
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