Citation, commencement and interpretation

1.–(1) These Rules may be cited as the Trade Marks (Fees) Rules 2008 and shall come into force on 1st October 2008.

(2) These Rules shall be construed as one with the Trade Marks Rules 2008(3) ("the 2008 Rules").

Fees payable

2.–(1) The fees to be paid in respect of any matters arising under the Act and the 2008 Rules shall be those specified in the Schedule to these Rules.

(2) In any case where a form specified in the Schedule as the corresponding form in relation to any matter is specified in the 2008 Rules, that form shall be accompanied by the fee specified in respect of that matter (unless the 2008 Rules otherwise provide).

Repayment of fee

3.–(1) Where the registrar–

(a) has received a request for expedited examination of an application for registration of a trade mark under rule 5(2) of the 2008 Rules; and

(b) following the expiry of a period of ten business days (as specified in a direction given by the registrar under section 80 of the Act) beginning on the business day after the date of filing of the application for registration, notifies the applicant, in accordance with rule 15 of the 2008 Rules, whether or not it appears to the registrar that the requirements for registration are met,

the registrar shall repay the fee specified in the Schedule in respect of a request for expedited examination.

(2) Where a fee has been paid in error, the registrar shall repay the same; and where a fee is paid in excess of the amount specified, the registrar shall remit the amount paid in excess.

Revocations

4. The following instruments are revoked–

(a) The Trade Marks (Fees) Rules 2000(4) save insofar as they relate to fees payable in respect of matters arising under the Trade Marks (International Registration) Order 1996(5)

(b) The Trade Marks (Fees) (Amendment) Rules 2007(6);

(c) The Trade Marks and Trade Marks (Fees) (Amendment) Rules 2008(7).

Rule 2

SCHEDULE Fees Payable

(In this section references to a rule are references to that rule in the 2008 Rules)

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules prescribe fees in relation to matters arising under the Trade Marks Act 1994 ("the Act") and the Trade Marks Rules 2008 (SI 2008/1797) (which revoked and replaced the Trade Marks Rules 2000 (SI 2000/136) ("the 2000 Rules"). These Rules revoke and replace the Trade Marks (Fees) Rules 2000 (SI 2000/137) ("the Fees Rules") insofar as they relate to fees payable under the Act and the 2000 Rules. No change has been made to the level of fees nor to the circumstances in which a fee is payable. The Fees Rules continue to prescribe fees in relation to matters arising under the Trade Marks (International Registration) Order 1996 (SI 1996/714).

Where a form is specified in the Schedule in relation to any matter, that form must be sent to the registrar together with the relevant fee for that matter, unless the Trade Marks Rules 2008 specify otherwise (rule 2).

Rule 3 specifies the circumstances in which the registrar shall repay a fee or any amount paid in excess of the specified fee.

A separate impact assessment has not been produced for this instrument as it is made in consequence of the revocation and replacement of the 2000 Rules by the Trade Marks Rules 2008. However, a full impact assessment of the effect that the Trade Marks Rules 2008 will have on the costs of business and the voluntary sector is available from the UK Intellectual Property Office, Trade Marks Law Section, Concept House, Cardiff Road, Newport NP10 8QQ and is annexed to the Explanatory Memorandum which is available alongside that instrument on the OPSI website. Copies have also been placed in the libraries of both Houses of Parliament.