S.I. No. 331/1987 -- Trade Marks Rules, 1963 (Amendment) (No. 2) Rules, 1987.

S.I. No. 331/1987 -- Trade Marks Rules, 1963 (Amendment) (No. 2) Rules, 1987. 1987 331

S.I. No. 331/1987:

TRADE MARKS RULES, 1963 (AMENDMENT) (No. 2) RULES, 1987.

I, ALBERT REYNOLDS, Minister for Industry and Commerce, in exercise of the powers conferred on me by sections 3 and 4 of the Trade Marks Act, 1963 (No. 9 of 1963), hereby, with the sanction of the Minister for Finance, make the following Rules:

1. (1) These Rules may be cited as the Trade Marks Rules, 1963 (Amendment) (No. 2) Rules, 1987.

(2) These Rules shall come into operation on the 1st day of January, 1988.

(3) The citation "the Trade Marks Rules, 1963 to 1987" shall include these Rules.

2. The Trade Marks Rules, 1963 ( S.I. No. 268 of 1963 ), are hereby amended by the substitution for Schedule I (inserted by the Trade Marks Rules, 1963 (Amendment) Rules, 1987 ( S.I. No. 212 of 1987 )) of the following Schedule:

"SCHEDULE I

RULE 4

Fees Payable in Relation to Trade Marks		£
1.	On application, not otherwise charged to register a trade mark, or a series of trade marks under section 25 (1) for a specification of goods included in one class ... ...	60.00
2.	On application to register a defensive trade mark or a certification trade mark for a specification of goods included in one class ... ... ...	75.00
3.	On request to the Controller to state grounds of his decision under Rule 26 or Rule 43 ... ... ... ... ...	96.00
4.	On notice of opposition before the Controller under section 26 or 43, for each application opposed, by the opponent	23.00
5.	On lodging a counter-statement:
	( a ) in answer to a notice of opposition under section 26 or 43 for each application opposed, by the applicant or the proprietor, as the case may be ... ... ... ...	15.00
	( b ) by the proprietor in answer to an application:	15.00
	(i) Under section 34 in respect of each trade mark
	(ii) Under section 35 in respect of each trade mark	15.00
	(iii) Under section 40 in respect of each trade mark	15.00
	(iv) Under section 41 in respect of each trade mark	15.00
6.	On the hearing:
	( a ) of each opposition under section 26 or 43, by each party	23.00
	( b ) of an application:
	(i) Under section 34 by each party ... ... ...	23.00
	(ii) Under section 35 by each party ... ... ...	23.00
	(iii) Under section 40 by each party ... ... ...	23.00
	(iv) Under section 41 by each party ... ... ...	23.00
7.	On notice of opposition before the Minister under paragraph 2 of the First Schedule to the Act for each application opposed, by the opponent ... ... ... ... ... ...	23.00
8.	On lodging a counter-statement in answer to a notice of opposition before the Minister under paragraph 2 of the First Schedule to the Act, for each application opposed, by the applicant ... ... ... ... ... ... ...	15.00
9.	On the hearing of each opposition before the Minister under paragraph 2 of the First Schedule to the Act, by each party	23.00
10.	For one registration of a trade mark, or a series of trade marks, under section 27 not otherwise charged:
	(i) For one mark in respect of each class ... ... ...	81.00
	(ii) And for each additional mark in a series in respect of each class ... ... ... ... ... ...	8.00
11.	For one registration of a defensive trade mark, or of a certification trade mark, for a specification of goods included in one class ... ...
12.	Upon the addition to the registered entry of a trade mark of a note that the mark is associated with a newly registered mark:
	(i) For the first addition ... ... ... ... ...	5.00
	(ii) And for each other similar addition ... ... ...	2.50
13.	On application to dissolve the association between registered trade marks:
	(i) On an application involving two such marks ... ...	15.00
	(ii) And for each additional mark ... ... ... ...	2.50
14.	On application to register a registered user of a registered trade mark or to register the same registered user of more than one registered trade mark of the same registeres proprietor subject to the same conditions or restrictions in each case:
	(i) For one mark ... ... ... ... ... ...	48.00
	(ii) And for every other mark of the proprietor included in the application and statement of case ... ... ...	5.00
15	On application by the registered proprietor of one or more trade marks under paragraph (a) of section 36 (7) to vary the entry, or entries, or a registered user thereof:
	(i) For one mark ... ... ... ... ... ...	39.00
	(ii) And for every other mark of the proprietor for which the same user is registered, included in the application	5.00
16	On application by the registered proprietor or registered user of one or more trade marks under paragraph (b) of section 36 (7) for cancellation of the entry, or entries, of a registered user thereof:	15.00
	(i) For one mark ... ... ... ... ... ...	15.00
	(ii) And for every other mark of the proprietor for which the same user is registered, included in the application	2.50
17	On application under paragraph (c) of section 36 (7) to cancel the entry, or entries, of a registered user of one more trade marks:
	(i) For one mark ... ... ... ... ... ...	15.00
	(ii) And for every other mark of the same proprietor for which the same user is registered, included in the application	2.50
18	On notice under Rule 88 of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of trade marks ... ... ... ...	8.00
19	On application under Rule 75 to enter in the register and advertise a certificate of validity given under section 53:
	(i) For the first registration certified ... ... ...	8.00
	(ii) And for every other registration certified in the same certificate ... ... ... ... ... ... ...	2.50
20	On application under section 37 (4) and Rule 65 for extension of time for registering a corporation as subsequent proprietor of trade marks on one assignment:
	(i) Not exceeding two months ... ... ... ...	12.00
	(ii) Not exceeding four months ... ... ... ...	23.00
	(iii) Not exceeding six months ... ... ... ...	31.00
21	On application for certificate of the Controller under section 30 (5) and Rule 68:
	(i) For the first mark proposed to be assigned ... ...	39.00
	(ii) For every other mark of the same proprietor to be included in the assignment ... ... ... ...	2.50
22	On application for approval of the Controller under section 30 (6) or paragraph 2 of the Second Schedule to the Act and Rule 68
	(i) For the first mark ... ...	39.00
	(ii) And for every other mark of the same proprietor included in the same assignment or transmission ... ... ...	2.50
23	On application under section 30 (7) and Rule 69 for publication of notice of assignment of trade marks in use, without goodwill:
	(i) For one mark assigned ... ... ... ... ...	20.00
	(ii) And for every other mark assigned with the same devolution of title ... ... ... ... ... ...	5.00
24	On application for extension of time for applying for publication of notice of assignment of trade marks in use, without goodwill, in respect of one devolution of title:
	(i) Not exceeding one month ... ... ... ...	12.00
	(ii) Not exceeding two months ... ... ... ...	23.00
	(iii) Not exceeding three months ... ... ... ...	33.00
25.	On application to register a subsequent proprietor of a trade Mark, or of two or more trade marks standing in the same name and where the devolution of title is the same in each case:
	( a ) If made within six months from the date of acquisition of proprietorship or the coming into force of these Rules:
	(i) For one mark ... ... ... ... ...	48.00
	(ii) And for every other mark, included in the application	5.00
	( b ) If made after the expiration of six months but within twelve months from the date of acquisition of proprietorship or the coming into force of these Rules:
	(i) For one mark ... ... ... ... ...	56.00
	(ii) And for every other mark, included in the application	5.00
	( c ) If made after the expiration of twelve months from the date of acquisition of proprietorship or the coming into force of these Rules:
	(i) For one mark ... ... ... ... ...	64.00
	(ii) And for every other mark, included in the application	5.00
26.	On application to enter any change in the name or description of a proprietor or a registered user of a trade mark, or of two or more trade marks standing in the same name, where there has been no change in the proprietorship or in the identity of the user and where the change is the same in each case:
	(i) For one mark ... ... ... ... ... ...	12.00
	(ii) And for every other mark, included in the application	5.00
27.	For altering one or more entries of the trade or business address of a registered proprietor or a registered user of a trade mark where the address in each case is the same and is altered in the same way (unless exempted from fee under Rule 72):
	(i) For the first entry ... ... ... ... ...	8.00
	(ii) And for every other entry ... ... ... ...	5.00
28.	For altering one or more entries of an address for service in the register included in one application for alteration, where the address and the alteration in each case are the same:
	(i) For the first entry ... ... ... ... ...	8.00
	(ii) And for every other entry ... ... ... ... ...	5.00
29.	For renewal of registration of a trade mark at expiration of last registration ... ... ... ... ... ...	223.00
30.	For renewal of registration of a series of trade marks under section 29 (2) at expiration of last registration:
	(i) for the first mark of the series ... ... ... ...	223.00
	(ii) And for every other mark of the series ... ... ... ...	5.00
31.	Additional fee under Rule 56 ... ... ... ...	15.00
32.	Restoration fee under Rule 57 ... ... ... ...	39.00
33.	On application to the Controller for leave to add to or alter a registered trade mark, or two or more registered trade marks of the same proprietor, being identical marks, the addition or alteration to be made, in each case, being the same:
	(i) For one mark ... ... ... ... ... ...	39.00
	(ii) And for every other mark, included in the application	20.00
34.	For every entry in the register of a rectification thereof or an alteration therein, not otherwise charged	20.00
35.	On application for rectification of the register or removal of a trade mark from the register:
	(i) Under section 34 ... ... ... ... ...	39.00
	(ii) Under section 35 ... ... ... ... ...	39.00
	(iii) Under section 40 ... ... ... ... ...	39.00
	(iv) Under section 41 ... ... ... ... ...	39.00
	36. On application for leave to intervene in proceedings for rectification of the register or removal of a trade mark from the Register:
	(i) Under section 34 ... ... ... ... ...	23.00
	(ii) Under section 35 ... ... ... ... ...	23.00
	(iii) Under section 40 ... ... ... ... ...	23.00
	(iv) Undersection 41 ... ... ... ... ...	23.00
37.	On request to amend an application for registration, or on request by the registered proprietor of a trade mark for the entry of a disclaimer or memorandum in the register, or for the cancellation of the registration or to amend the specification of goods entered in the register, or to correct a clerical error in any entry in the register	20.00
38.	On application to the Minister referred to in Rule 81, to expunge or vary the registration of a certification trade mark, or to vary the deposited regulations of a certification trade mark or of certification trade marks of the same registered proprietor where the regulations are substantially the same	27.00
39.	On application by the registered proprietor of a certification trade mark for alteration of the regulations deposited in respect thereof:
	(i) For the regulations of one such registration ... ...	15.00
	(ii) For the same or substantially the same regulations of each other registration proposed to be altered in the same way and included in the same application ... ... ...	5.00
40.	On request for a search under Rule 109 in respect of one class:
	(i) Without application for the Controller's advice under Rule 16 ... ... ... ... ... ...	16.00
	(ii) With application for the Controller's advice under Rule 16 ... ... ... ... ... ...	32.00
41.	On request for the Controller's preliminary advice, for each trade mark submitted in respect of goods in one class	16.00
42.	For certificate of the controller other than certificate under section 27 (2) ... ... ... ... ... ...	12.00
43.	For inspection of the register or other document open to inspection, or for making a search amongst the classified representations of trade marks, open to public inspection for every quarter of an hour ... ... ... ... ...	1.50
44.	For typed office copies of documents, for each 100 words or less ..	2.50
45.	For photocopying documents, for each page ... ...	0.25
46.	For certifying office copies, mss, typed, printed or photographic, each ... ... ... ... ... ...	2.50
47.	When the block required under Rule 34 exceeds two inches either in breadth or in depth:
	(i) For every inch or part of an inch over two inches in breadth ... ... ... ... ... ...	5.00
	(ii) And for every inch or part of an inch over two inches in depth ... ... ... ... ... ... ...	5.00
48.	On application to the Controller, not otherwise charged, for extension of time to appeal under section 25 (6) or 26 (8), for each month and in respect of each application ... ...	15.00
49.	On application under Rules 24, 25 or 92 for a hearing	33.00

GIVEN under my Official Seal, this 18th day of December, 1987.

ALBERT REYNOLDS,

Minister for Industry and

Commerce.

The Minister for Finance hereby sanctions the making of the foregoing Rules.

GIVEN under the Official Seal of the Minister for Finance this 18th day of December, 1987.

RAY MACSHARRY,

Minister for Finance.

EXPLANATORY NOTE.

These rules provide for certain revisions of the fees payable in respect of trade marks.

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Irish Statutory Instruments

S.I. No. 331/1987 -- Trade Marks Rules, 1963 (Amendment) (No. 2) Rules, 1987.