Trade Marks (Amendment) Rules 1997, Trinidad and Tobago

(m) in item 10, by deleting the word "120.00" and substituting the word "200.00";

(n) in item 10a, by deleting the word "120.00" and substituting the word "200.00";

(o) by deleting item 10c and substituting the following:

"10c. Late renewal fee (in addition to renewal fee) 200.00";

(p) in item 14, by deleting the word "30.00" and substituting the word "100.00";

(q) in item 19, by deleting the word "40.00" and substituting the word "150.00";

(r) in item 19a, by deleting the word "40.00" and substituting the word "150.00";

(s) in item 20, by deleting the words "10.00" and "6.00" and substituting the words "40.00" and "20.00" respectively;

(t) in item 20a, by deleting the words "10.00" and "6.00" and substituting the words "40.00" and "20.00" respectively;

(u) by inserting after item 23, the following items:

"24. Recordal of an assignment 100.00 TM-No. 12

"25. Recordal of change of name or address 40.00 TM-No. 15".

Second Schedule amended

20. The Second Schedule to the Rules is amended-

(a) by deleting Forms TM-Nos. 8, 10, 11, 18 and 27;

(b) by deleting Forms TM-Nos. 1, 2, 9, 12, 13, 14, 15 and 17 and substituting respectively the following forms:

Form TM-No. 1

TRADE MARKS ACT

Authorisation of Agent

For Office use only

1. Appointment

The undersigned hereby appoints as his representative the person identified in item 3, below.

3. Representative

3.1 Name:

3.2 Address (including postal code and country);

Form TM-No. 1, Page 2

4. Application(s) and/or Registration(s) Concerned

This authorisation of agent concerns:

4.1 all existing and future applications and/or registrations of the person making the appointment, subject to any exception indicated on an additional sheet.

4.2 the following application(s) and/or registration(s):

4.2.1 the application(s) concerning the following mark(s)*:

4.2.2 the application(s) having the following application number(s)† as well as any registration(s) resulting therefrom:

4.2.3 the registration(s) having the following registration number(s):

4.2.4 If the spaces under 4.2.1, or 4.2.2 or 4.2.3 are not sufficient, check this box and provide the information on an additional sheet.

FORM TM-No. 1, Page 3

5.1 Check this box if the representative has the right to act as representative for all purposes, including, where the person making the appointment is an applicant or a holder, the following purposes:

5.1.1 withdrawal of the applications(s)

5.1.2 surrender of the registration(s)

6. Signature

6.1 Name of the natural person who signs:

6.2 Date of signature:

6.3 Signature:

FORM TM/s-/No. 2

TRADE MARKS ACT

APPLICATION FOR THE REGISTRATION OF A TRADE MARK

1. Request for Registration

Registration of the mark reproduced in the present application is hereby requested in Part† of the Register.

2. Applicant(s)

2.1 If the applicant is a natural person, the person's

(a) family or principal name:*

(b) given or secondary name(s):*

2.2 If the applicant is a legal entity, the entity's full official designation:

2.3 Address (including postal code and country):

2.4 State of nationality:

State of establishment:†

2.5 Where the applicant is a legal entity, indicate

the legal nature of the legal entity:

the State, and, where applicable, the territorial unit within that State, under the law of the legal entity is organized:

2.6 Check this box if there is more than one applicant: in that case, list them on an additional sheet and indicate, in respect of each of them, the date referred to in items 2.1 or 2.2, 2.3, 2.4 and 2.5.‡

3. Representative

3.1 The applicant is not represented.

3.2 The applicant is represented.

3.2.1 identification of the representative

3.2.1.1 Name

3.2.1.2 Address (including postal code and country)

3.2.2 The authorization of agent is already in the possession of the Office. Serial number:*

3.2.3 The authorisation of agent is attached.

3.2.4 The authorisation of agent will be furnished at a later date.

3.2.5 No authorization of agent is needed.

5. Claiming of Priority

The applicant hereby claims the following priority:

5.1 Country (Office) of first filing:*

5.2 Date of first filing:

5.3 Application number of first filing (if available):

5.4 The certified copy of the application the priority of which is claimed†

5.4.1 is attached.

5.4.2 will be furnished within three months from the filing date of the present application.

5.5 The translation of the certified copy

5.5.1 is attached.

5.5.2 will be furnished within three months from the filing date of the present application.

5.6 Check this box if there is more than one filing whose priority is claimed; in that case, list them on an additional sheet and indicate, in respect of each of them, the information referred to in items 5.1, 5.2, 5.3, 5.4 and 5.5 and the goods and/or services mentioned in each of them.

6. Registration(s) in the Country (Office) of Origin*

The certificate(s) of registration in the country (Office) or origin is (are) attached.

8. Reproduction of the Mark

(8 cm × 8 cm)

8.1 The applicant wishes that the Office register and publish the mark in the standard characters used by it.*

8.2 Colour is claimed as a distinctive feature of the mark.

8.2.1 Name(s) of the colour(s) claimed:

8.2.2 Principal parts of the mark which are in that (those) colour(s):

8.3 The mark is three-dimensional.

† different views of the mark are attached.

8.4 ‡ reproduction(s) of the mark in black and white is (are) attached.

8.5 ‡ reproduction(s) of the mark in colour is (are) attached.

The mark or part of the mark is transliterated as follows:

10. Translation of the Mark

The mark or part of the mark is translated as follows:

11. Goods and/or Services

Names of the goods and/or services:*

Check this box if the space above is not sufficient; in that case, give the names of the goods and/or services on an additional sheet.

12. Declaration Concerning Intention to Use or Actual Use: Evidence of Actual Use

12.1 Check this box if a declaration is attached.

12.2 Check this box if evidence of actual use is attached.

13. Signature

13.1 Name of the natural person who signs:

13.2 Check the appropriate box according to whether the signature is given of the

13.2.1 applicant.

13.2.2 representative.

13.3 Date of signature:

13.4 Signature:

14. Fee(s)

14.1 Amount(s) of the fee(s) paid in connection with the present application:

14.2 Method of payment:

15. Additional Sheets and Attachments

Check this box if additional sheets and/or attachments are enclosed and indicate the total number of such sheets and/or attachments:

Form TM-No. 9

TRADE MARKS ACT

Request for the Renewal of a Registration

1. Indication That a Renewal Is Sought

The renewal of the registration identified in the present request is hereby requested.

2. Registration Concerned

2.1 Registration number:

2.2 Filing date of the application which resulted in the registration:

Registration date:

3. Holder(s)

3.1 If the holder is a natural person, the person's

(a) family or principal name:*

(b) given or secondary name(s):*

3.2 If the holder is a legal entity, the entity's full official designation:

3.3 Address (including postal code and country):

3.4 Check this box if there is more than one holder; in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 3.1 or 3.2 and 3.3.

4. Representative of the Holder

4.1 Name:

4.2 Address (including postal code and country):

4.3 Serial number of the authorisation of agent:*

5. Address for Service of the Holder

6. Goods and Services*

6.1 Renewal is requested for all the goods and/or services covered by the registration.

6.2 Renewal is only requested for the following goods and/or services covered by the registration:†

6.3 Renewal is requested for all the goods and/or services covered by the registration except the following:‡

6.4 Check this box if the above space is insufficient and use an additional sheet.

7. Person, Other Than the Holder or the Representative of the Holder, who Files the Present Request For Renewal

IMPORTANT: A person other than the holder or the representative of the holder may file a request for renewal only where the Contracting Party concerned allows it. Consequently, the present item cannot be completed if the Contracting Party whose Office is the Office identified on the first page of the present request for renewal does not allow a request for renewal to be filed by a person other than the holder or the representative of the holder.

Check this box if the present request for renewal is filed by a person other than the holder or the representative of the holder.

7.1 If the person is a natural person, the person's

(a) family or principal name:

(b) given or secondary name(s):

7.2 If the person is a legal entity, the entity's full official designation:

7.3 Address (including postal code and country):

8. Signature

8.1 Name of the natural person who signs:

8.2 Check the appropriate box according to whether the signature is given by the

8.2.1 holder.

8.2.2 representative of the holder.

8.2.2 person referred to in item 7.

8.3 Date of signature:

8.4 Signature:

9. Fee

9.1 Amount of the fee paid in connection with the present request for renewal:

9.2 Method of Payment:

10. Additional Sheets

Check this box if additional sheets are enclosed and indicate the total number of such sheets.

TRADE MARKS ACT

REQUEST FOR THE RECORDAL OF A CHANGE IN OWNERSHIP

In respect of registration(s) and/or application(s) for registration of Marks

1. Request for Recordal

The recordal of the change in ownership indicated in the present request is hereby requested.

2. Registration(s) and/or Application(s) Concerned

The present request concerns the following registration(s) and/or application(s):

2.1 Registration number(s):

2.2 Application number(s):†

2.3 If the spaces under 2.1 or 2.2 are not sufficient, check this box and provide the information on an additional sheet.

3. Goods and/or Services Affected by the Change

3.1 Check this box where all the goods and/or services listed in the application(s) and/or registration(s) referred to in item 2 are affected by the change.

3.2 Check this box where item 2 mentions only one application or registration and where only some of the goods and/or services listed in that application or registration are affected by the change and indicate the goods and/or services that should appear in the application or registration of the new owner (in which case the goods and/or services not indicated will remain in the application or registration of the applicant or holder):

3.3 Check this box where item 2 mentions more than one application or registration and if in respect of at least one of them the change affects less than all the goods and/or services listed. In this case, indicate on an additional sheet, separately in respect of each application and/or registration, whether the change affects all the goods and/or services or only some of them. In respect of any application or registration where only some of the goods and/or services are affected by the change, make the indication in the way specified in item 3.2.

4. Basis for the Change in ownership

4.1 The change in ownership results from a contract. One of the following documents is enclosed:

4.1.1 a copy, certified as being in conformity with the original, of the contract.

4.1.2 an extract, certified as being a true extract, of the contract.

4.1.3 a certificate of transfer.

4.1.4 a transfer document.

4.2 The change in ownership results from a merger.

A copy, certified as being in conformity with the original, of the following document, evidencing the merger, is enclosed:

4.2.1 extract from the register of companies.

4.2.2 other document originating from the competent authority.

4.3 The change in ownership does not result from the contract or a merger.

4.3.1 A copy, certified as being in conformity with the original, of a document evidencing the change is enclosed.

5. Holder(s) and/or Applicant(s)

5.1 If the holder and/or applicant is a natural person, the person's

(a) family or principal name:*

(b) given or secondary name(s):*

5.2 If the holder and/or applicant is a legal entity, the entity's full official designation:

5.3 Address (including postal code and country):

5.4 Check this box if there is more than one holder and/or applicant affected by the change; in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in item 5.1 or 5.2 and 5.3.

5.5 Check this box if the holder and/or applicant, or one of the holders and/or applicants, has changed names and/or addresses without requesting the recordal of that change, and enclose a document evidencing that the person having transferred the ownership and the holder and/or applicant are the same person.

6. Representative of the Holder and/or Applicant

6.1 Name:

6.2 Address (including postal code and country):

6.3 Serial number of the authorisation of agent:†

7. Address for Service of the Holder and/or Applicant

8. New Owner(s)

8.1 If the new owner is a natural person, the person's

(a) family or principal name:*

(b) given or secondary name(s):*

8.2 If the new owner is a legal entity, the entity's full official designation:

8.3 Address (including postal code and country):

8.4 State of nationality:

State of establishment:†

8.5 Where the new owner is a legal entity, indicate

- the legal nature of the legal entity:

- the State, and, where applicable, the territorial unit within that State, under the law of which the legal entity is organised:

8.6 Check this box if there is more than one new owner; in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 8.1 or 8.2, 8.3, 8.4 and 8.5.‡

9. Representative of the New Owner

9.1 The new owner is not represented.

9.2 The new owner is represented.

9.2.1 Identification of the representative

9.2.1.1 Name:

9.2.1.2 Address (including postal code and country):

9.2.2 The authorisation of agent is already in the possession of the

Office.

Serial number: ….. *

9.2.3 The authorisation of agent is attached.

9.2.4 The authorisation of agent will be furnished at a later date.

9.2.5 No authorisation of agent is needed.

10. Address for Service of the New Owner†

11. Signature

11.1 Name of the natural person who signs:

11.2 Check the appropriate box according to whether the signature is given by

11.2.1 holder and/or applicant

11.2.2 new owner

11.2.3 representative

11.3 Date of signature:

11.4 Signature:

12. Fee

12.1 Amount of the fee paid in connection with the present request for the recordal of a change in ownership:

12.2 Method of payment:

13. Additional Sheets and Attachments

Check this box if additional sheets and/or attachments are enclosed and indicate the total number of such sheets and/or attachments:

TRADE MARKS ACT

Certificate of Transfer

In respect of registration(s) and/or application(s) for registration of marks

For Office use only

1. Certification

The undersigned transferor(s) and transferee(s) hereby certify that the ownership of the registration(s) and/or application(s) identified below has been transferred by contract.

2. Registration(s) and/or Application(s) Concerned

The present certificate concerns the transfer of the following registration(s) and/or application(s):

2.1 Registration number(s):

2.2 Application number(s):*

2.3 If the spaces under 2.1 or 2.2 are not sufficient, check this box and provide the information on an additional sheet.

3. Goods and/or Services Affected by the Transfer

3.1 Check this box where all the goods and/or services listed in the application(s) and/or registration(s) referred to in item 2 have been affected by the transfer.

3.2 Check this box where item 2 mentions only one application or registration and where only some of the goods and/or services listed in that application or registration have been affected by the transfer and indicate the goods and/or services that have been affected by the transfer.

3.3 Check this box where item 2 mentions more than one application or registration and if in respect of at least one of them the transfer has affected less than all the goods and/or services listed. In this case, indicate on an additional sheet, separately in respect of each application and/or registration, whether the transfer affected all the goods and/or services or only some of them. In respect of any application or registration where only some of the goods and/or services were affected by the transfer, make the indication in the way specified in item 3.2.

4. Transferor(s)

4.1 If the transferor is a natural person, the person's

(a) family or principal name:*

(b) given or secondary name(s):*

4.2 If the transferor is a legal entity, the entity's full official designation:

4.3 Address (including postal code and country):

4.4 Check this box if there is more than one transferor; in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 4.1 or 4.2 and 4.3.

5. Transferee(s)

5.1 If the transferee is a natural person, the person's

(a) family or principal name:*

(b) given or secondary name(s):*

5.2 If the transferee is a legal entity, the entity's full official designation:

5.3 Address (including postal code and country):

5.4 Check this box if there is more than one transferee; in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 5.1 or 5.2 and 5.3.

6. Signatures

6.1 Signature(s) of the transferor(s)

6.1.1 Name(s) of the natural person(s) who sign(s):

6.1.2 Date of signature(s):

6.1.3 Signature(s):

6.2 Signature(s) of the transferee(s):

6.2.1 Name(s) of the natural person(s) who sign(s):

6.2.2 Date of signature(s):

6.2.3 Signature(s):

7. Additional Sheets and Attachments

Check this box if additional sheets and/or attachments are enclosed and indicate the total number of such sheets and/or attachments:

TRADE MARKS ACT

Transfer Document

in respect of registration(s) and/or application(s) for registration of marks

For Office use only

1. Declaration of Transfer

The undersigned transferor(s) transfers (transfer) to the undersigned transferee(s) the ownership of the registration(s) and/or application(s) identified below.

2. Registration(s) and/or Application(s) Concerned

The present document concerns the transfer of the following registration(s) and/or application(s):

2.1 Registration number(s):

2.2 Application number(s):*

2.3 If the spaces under 2.1 or 2.2 are not sufficient, check this box and provide the information on an additional sheet.

3. Goods and/or Services Affected by the Transfer

3.1 Check this box where all the goods and/or services listed in the application(s) and/or registration(s) referred to in item 2 are affected by the transfer.

3.2 Check this box where item 2 mentions only one application or registration and where only some of the goods and/or services listed in that application or registration are affected by the transfer and indicate the goods and/or services that are affected by the transfer:

3.3 Check this box where item 2 mentions more than one application or registration and if in respect of at least one of them the transfer affects less than all the goods and/or services listed. In this case, indicate on an additional sheet, separately in respect of each application and/or registration, whether the transfer affects all the goods and/or services or only some of them. In respect of any application or registration where only some of the goods and/or services are affected by the transfer, make the indication in the way specified in item 3.2.

4. Transferor(s)

4.1 If the transferor is a natural person, the person's

(a) family or principal name:*

(b) given or secondary name(s):*

4.2 If the transferor is a legal entity, the entity's full official designation:

4.3 Address (including postal code and country):

4.4 Check this box if there is more than one transferor; in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 4.1 or 4.2 and 4.3.

5. Transferee(s)

5.1 If the transferee is a natural person, the person's

(a) family or principal name:*

(b) given or secondary name(s):*

5.2 If the transferee is a legal entity, the entity's full official designation:

5.3 Address (including postal code and country):

5.4 Check this box if there is more than one transferee; in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 5.1 or 5.2 and 5.3.

6. Additional Indications [see the Annex to this Form (attached)] (the furnishing of any of those indications is optional for the purposes of recordal of the change in ownership)

Check this box if the Annex is used.

7. Signatures

7.1 Signature(s) of the transferor(s)

7.1.1 Name(s) of the natural person(s) who sign(s):

7.1.2 Date of signature(s):

7.1.3 Signature(s):

7.2 Signature(s) of the transferee(s)

7.2.1 Name(s) of the natural person(s) who sign(s):

7.2.2 Date of signature(s):

7.2.3 Signature(s):

8. Additional Sheets, Attachments and Annex

Check this box if additional sheets and/or attachments are enclosed and indicate the total number of such sheets and/or attachments:

Check this box if an Annex is enclosed and indicate the number of the pages of the Annex and the number of any additional sheets to the Annex:

Additional Indications Relating to a Transfer Document (Item 6)

A. Transfer of Goodwill or Business

(a) Check this box where the transfer is made with the relevant goodwill or the business in respect of all the goods and/or services listed in the application(s) and/or registration(s) referred to in item 2 of the transfer document.

(b) Check this box where item 2 of the transfer document mentions only one application or registration and where the transfer is made with the relevant goodwill or the business in respect of only some of the goods and/or services listed in that application or registration and indicate the goods and/or services in respect of which the transfer is made with the relevant goodwill or the business:

(c) Check this box where item 2 of the transfer document mentions more than one application or registration and if in respect of at least one of them the transfer is made with the relevant goodwill or the business in respect of less than all the goods and/or services listed. In this case, indicate on an additional sheet, separately in respect of each application and/or registration, whether the transfer is made with the relevant goodwill or the business in respect of all the goods and/or services or only some of them. In respect of any application or registration where the transfer is made with the relevant goodwill or the business in respect of only some of the goods and/or services, make the indication in the way specified in item (b).

B. Transfer of Rights Resulting from Use

The rights, arising from the use of the mark, are transferred in respect of

(a) all registration(s) and/or application(s)

(b) only the following registration(s) and/or application(s)

C. Transfer of the Right to Sue

The transferee shall have the right to sue for past infringements.

D. Consideration

(a) The transfer is effected in consideration for money received.

(b) The transfer is effected in consideration for money received and other good and valuable consideration.

(c) The transferor hereby acknowledges receipt of the above-mentioned consideration

E. Effective Date of the Transfer

(a) The transfer is effective as of the date of signature of the present transfer document.

(b) The transfer is effective as of the following date:

Form TM-No. 15

TRADE MARKS ACT

Request for the Recordal or Change(s) in Name(s) or Address(es)

in respect of registration(s) and/or application(s) for registration of mark(s)

1. Request for Recordal

The recordal of the change(s) indicated in the present request is hereby requested.

2. Registration(s) and/or Application(s) Concerned

The present request concerns the following registration(s) and/or application(s):

2.1 Registration number(s):

2.2 Application number(s):†

2.3 If the spaces under 2.1 or 2.2 are not sufficient, check this box and provide the information on an additional sheet.

3. Holder(s) and/or Applicant(s)

3.1 If the holder and/or applicant is a natural person, the person's

(a) family or principal name:*

(b) given or secondary name(s):*

3.2 If the holder and/or applicant is a legal entity, the entity's full official designation:

3.3 Address (including postal code and country):

3.4 Check this box if there is more than one holder and/or applicant; in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 3.1 or 3.2 and 3.3.

4. Representative

4.1 Name:

4.2 Address (including postal code and country):

4.3 Serial number of the authorisation of agent:†

5. Address for Service

6. Indication of the Change(s)

6.1 Data to be changed:

Data as changed:*

6.2 Check this box if the above space is insufficient; in that case, indicate on an additional sheet the data to be changed with the data as changed

7. Signature

7.1 Name of the natural person who signs:

7.2 Check the appropriate box according to whether the signature is given by the

7.2.1 holder and/or applicant

7.2.2 representative

7.3 Date of signature:

7.4 Signature:

8. Fee

8.1 Amount of the fee paid in connection with the present request for the recordal of change(s):

8.2 Method of payment:

9. Additional Sheets and Attachments

Check this box if additional sheets and/or attachments are enclosed and indicate the total number of such sheets and/or attachments:

TRADE MARKS ACT

Request for the Correction of Mistakes(s)

in registration(s) and/or application(s) for registration of marks

1. Request for Correction

The correction(s) identified in the present request is (are) hereby requested.

2. Registration(s) and/or Application(s) Concerned

The present request concerns the following registration(s) and/or application(s):

2.1 Registration number(s):

2.2 Application number(s):†

2.3 If the spaces under 2.1 or 2.2 are not sufficient, check this box and provide the information on an additional sheet.

3. Holder(s) and/or Applicant(s)

3.1 If the holder and/or applicant is a natural person, the person's

(a) family or principal name:*

(b) given or secondary name(s):*

3.2 If the holder and/or applicant is a legal entity, the entity's full official designation:

3.3 Address (including postal code and country):

3.4 Check this box if there is more than one holder and/or applicant: in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 3.1 or 3.2 and 3.3.

4. Representative

4.1 Name:

4.2 Address (including postal code and country):

4.3 Serial number of the authorisation of agent:†

5. Address for Service

6. Indication of Mistake(s) and Correction(s)

6.1 Data to be corrected:

Data as corrected:

6.2 Check this box if the above space is insufficient; in that case, indicate on an additional sheet the data to be corrected with the data as corrected.

7. Signature

7.1 Name of the natural person who signs:

7.2 Check the appropriate box according to whether the signature is given, by the

7.2.1 holder an/or applicant.

7.2.2 representative.

7.3 Date of signature:

7.4 Signature:

8. Fee

8.1 Amount of the fee paid in connection with the present request for correction:

8.2 Method of payment:

9. Additional Sheets and Attachments

Check this box if additional sheets and/or attachments are enclosed and indicate the total number of such sheets and/or attachments.

Consequential Amendments

21. The Rules are amended by deleting the words "Form TM-No. 18" and the words "Form TM-No. 27" wherever they occur and substituting in each place the words "Form TM-No. 15".

Third Schedule Repealed

22. The Third Schedule to the Rules is repealed and replaced by the following Schedule:

"THIRD SCHEDULE

(Rules 5, 17)

List of Classes of Goods and Services

Goods

Class 1 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

Class 3 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.

Class 5 Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Class 6 Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.

Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements; incubators for eggs.

Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors.

Class 9 Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

Class 10 Surgical, medical dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.

Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

Class 12 Vehicles; apparatus for locomotion by land, air or water.

Class 13 Firearms; ammunition and projectiles; explosives; fireworks.

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.

Class 15 Musical instruments.

Class 16 Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding materials; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.

Class 17 Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.

Class 18 Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

Class 19 Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

Class 20 Furniture, mirrors, picture frames; goods (not I ncluded in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.

Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware porcelain and earthenware not included in other classes.

Class 22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.

Class 23 Yarns and threads, for textile use.

Class 24 Textiles and textile goods, not included in other classes; bed and table covers.

Class 25 Clothing, footwear, headgear.

Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

Class 28 Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.

Class 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.

Class 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

Class 31 Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

Class 32 Beers; mineral and serated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

Class 33 Alcoholic beverages (except beers).

Class 34 Tobacco; smokers' articles; matches.

Services

Class 35 Advertising; business management; business administration; office functions.

Class 36 Insurance; financial affairs; monetary affairs; real estate affairs.

Class 37 Building construction; repair; installation services.

Class 38 Telecommunications.

Class 39 Transport; packaging and storage of goods; travel arrangement.

Class 40 Treatment of materials.

Class 41 Education; providing of training; entertainment; sporting and cultural activities.

Class 42 Providing of food and drink; temporary accommodation; medical, hygienic and beauty care; veterinary and agricultural services; legal services; scientific and industrial research; computer programming; services that cannot be classified in other classes."

23. The Rules are amended by inserting after the Third Schedule the following Schedule:

Fourth Schedule inserted

"Fourth Schedule

(Section 71A-71F)

BORDER MEASURE FORMS

THE TRADE MARKS ACT (Section 71A)

FORM BM-No. 1

NOTICE OF OBJECTION TO IMPORTATION

To: the Comptroller of Customs and Excise

I/We*

of Being the owner/registered user of the trade mark mentioned in the Schedule to this Notice under the Trade Marks Act, Chap. 81:01 and that the owner/registered user of the trade mark objects to the importation into Trinidad and Tobago for sale by anyone other than their authorized agent of any goods made outside of Trinidad and Tobago being goods to which section 71B of the Trade Marks Act, Chap. 81:01 applies.

I hereby give to the Comptroller of Customs and Excise, and its agents for the purposes of section 71A of the Trade Marks Act, Chap. 81:01 security by way of† ….. in respect of any, liability or expense that may be incurred by the Comptroller and its agents as a result of seizure under section 71B of the Trade Marks Act, Chap. 81:01 of any goods to which this notice relates.

Date Signature‡

THE TRADE MARKS ACT (Section 71A)

FORM BM-No. 2

REVOCATION OF NOTICE OF OBJECTION TO IMPORTATION

To: the Comptroller of Customs and Excise:

RE: Notified trade mark(s)

Pursuant to notice dated

I/We*

of being the registered owner/registered user named in the above notice hereby revokes the said notice in relation to the above mentioned trade mark(s).

Date Signature†

THE TRADE MARKS ACT [Section 71C(a)]

FORM BM-No. 3

No.

Date

NOTICE OF SEIZURE OF INFRINGING GOODS

To:

of (designated owner)

Notice is hereby given that the undermentioned goods have been seized under section 71B of the Trade Marks Act, Chap. 81:01.

The Comptroller of Customs and Excise

THE TRADE MARKS ACT [Section 71c(b)]

Form BM-No. 4

No.

Date

NOTICE OF SEIZURE OF INFRINGING GOODS

To: (objector)

Notice is hereby given that the undermentioned goods have been seized under section 71b of the Trade Marks Act, Chap. 81:01

The designated owner(s) of the goods is/are

of

Take notice that the said goods will be released to the designated owner unless you or one of the objectors bring an action for infringement of the notified trade mark and give notice under section 71c(b) (iii) of the Trade Marks Act, Chap. 81:01 within ten days of this notice or if the period of notice has been extended under Section 71f, the extended period.

The Comptroller of Customs and Excise

THE TRADE MARKS ACT [Section 71d(1)]

Form BM-No. 5

NOTICE OF CONSENT TO GOODS BEING FORFEITED TO THE STATE

To: the Comptroller of Customs and Excise:

I/We*

of being the designated owner(s) of goods seized pursuant to notice of the Comptroller of Customs and Excise number dated hereby consent to the goods mentioned in the above notice to be forfeited to the State.

Date Signature†

THE TRADE MARKS ACT [Section 71f(1)]

Form BM-No. 6

NOTICE OF ACTION FOR INFRINGEMENT OF NOTIFIED TRADE MARK

To: the Comptroller of Customs and Excise:

RE: Notified trade mark

Pursuant to notice dated

I/We*

of being the objector(s) in relation to goods seized pursuant to notice of the Comptroller of Customs and Excise number dated hereby give notice that action No. has been commenced on in† with respect to the infringement of the notified trade mark.

Date Signature‡

THE TRADE MARKS ACT (Section 71e)

Form BM-No. 7

NOTICE OF CONSENT TO THE GOODS BEING RELEASED TO THE DESIGNATED OWNER

To: the Comptroller of Customs and Excise:

I/We*

of

being the objector(s) in relation to goods seized pursuant to notice of the Comptroller of

Customs and Excise number dated hereby consent to the goods mentioned in the above notice/the goods listed hereunder† to be released to the designated owner.

Date Signature‡

THE TRADE MARKS ACT [Section 71f(1)]

Form BM-No. 8

APPLICATION FOR EXTENSION OF TIME IN WHICH TO BRING ACTION

To: the Comptroller of Customs and Excise:

RE: Notified trade mark

Pursuant to notice of objection to importation dated

I/We*

of being the objector(s) in relation to goods seized pursuant to notice of the Comptroller of Customs and Excise number …. date …. hereby request an extension of time for a period of days in which to bring that action with respect to the infringement of the notified trade mark. The reason for this request is as stated hereunder:

Date Signature†

Dated this 11th day of September, 1997.

K. PERSAD-BISSESSAR

Minister of Legal Affairs

Printed by the Government Printer, Port-of-Spain Republic of Trinidad and Tobago-1997

* The reference number allotted by the person making the appointment to this authorisation of agent may be indicated in this space.

† If the person making the appointment is the applicant (or one of the applicants), the name to be indicated is that of that applicant, as indicated in the application(s) to which this authorisation relates. If the said person is the holder (or one of the holders), the name to be indicated is that of that holder, as recorded in the register of marks. If the said persons or an interested person other than an applicant or holder, the name to be indicated is the full name of that person or the name customarily used by that person.

* Complete this item if the authorisation of agent is filed with the Office together with the application(s).

† Where the application number of an application has not yet been issued or is not known to the applicant or his representative, that application may be identified by furnishing either: (i) the provisional application number, if any, given by the Office; or (ii): a copy of the application; or (iii) a reproduction of the mark, accompanied by an indication of the date on which, to the best knowledge of the applicant or his representative, the application was received by the Office and an identification number given to the application by the applicant or his representative.

* The reference number allotted by the applicant and/or the reference number allotted by the representative to the present application may be indicated in this space.

* The reference number allotted by the applicant and/or the reference number allotted by the representative to the present application may be indicated in this space.

† Write here "A" or "B" according to registration desired.

* The name to be indicated under (a) and (b) are either the full name of the applicant or the names customarily used by the applicant.

* The name to be indicated under (a) and (b) are either the full name of the applicant or the names customarily used by the applicant.

† "Establishment" means a real and effective industrial or commercial establishment.

‡ Where several applicants are listed on the additional sheet with different addresses and there is no representative, the address for correspondence must be underlined on the additional sheet.

* To be left blank if the authorization of agent has not, or has not yet, been allotted a serial number or if the serial number is not yet known to the applicant or the representative.

† An address for service must be indicated in the space available under the title of item 4 where the applicant does not have or, if there is more than one applicant, where none of the applicants has a domicile or a real and effective industrial or commercial establishment in Trinidad and Tobago, except where a representative is indicated in item 3.

* Where the application the priority of which is claimed was filed with an Office other than a national Office (e.g., OAPI, the Benelux Trademark Office and the Office for Harmonization in the Internal Market (trade marks and designs), the name of the Office has to be indicated instead of the name of a country. Otherwise, not the name of the Office but the name of the country must be indicated.

† "Certified copy" means a copy of the application the priority of which is claimed, certified as being in conformity with the original by the Office which received such application.

* To be filled in where the applicant wishes to furnish evidence under Article 6 quinquies A(1) of the Paris Convention when filing the application.

* Such a wish cannot be expressed in respect of marks which contain or consist of figurative elements. If, in the opinion of the Office, they do contain such elements, the Office will ignore the wish of the applicant and will register and publish the mark as appearing in the square.

† If several different views of the mark are not included in the square provided in item 8 but are attached, check this box and indicate the number of those different views.

‡ Indicate the number of reproduction in black and white and/or colour.

‡ Indicate the number of reproduction in black and white and/or colour.

* Where the goods and/or services belong to more than one class of the Nice Classification, they must be grouped according to the classes of that Classification. The number of each class must be indicated and the goods and/or services belonging to the same class must be grouped following the indication of the number of that class. Each group of goods or services must be presented in the order of the classes of the Nice Classification. Where all the goods or services belong to one class of the Nice Classification, the number of that class must be indicated.

* The reference number allotted by the holder and/or the reference number allotted by the representative to the present request for renewal may be indicated in this space.

* The reference number allotted by the holder and/or the reference number allotted by the representative to the present request for renewal may be indicated in this space.

* The names to be indicated under (a) and (b) are those which are recorded in respect of the registration to which the present request relates.

* The names to be indicated under (a) and (b) are those which are recorded in respect of the registration to which the present request relates.

* To be left blank if the authorisation of agent has not, or has not yet, been allotted a serial number or if the serial number is not yet known to the holder or the representative.

* Check only one of boxes 6.1, 6.2 or 6.3.

† The list of the goods and/or services for which renewal is requested must be presented in the same way as it appears in the registration (grouping according to the classes of the Nice Classification, starting with an indication of the number of the relevant class and, where the goods or services belong to more than one class, presentation in the order of the classes of that Classification).

‡ The goods and/or services for which renewal is not requested must, where they belong to more than one class of the Nice Classification, be grouped according to the classes of that Classification, starting with an indication of the number of the relevant class and presented in the order of the classes of the said Classification.

* The reference number allotted by the holder and/or applicant and/or the reference number allotted by the representative to the present request may be indicated in this space.

* The reference number allotted by the holder and/or applicant and/or the reference number allotted by the representative to the present request may be indicated in this space.

† Where the application number of an application has not yet been issued or is not known to the applicant or his representative, that application may be identified by furnishing either: (i) the provisional application number, if any, given by the Office, or (ii) a copy of the application, or (iii) a reproduction of the mark, accompanied by an indication of the date on which, to the best knowledge of the applicant or his representative, the application was received by the Office and an identification number given to the application by the applicant or his representative.

* The names to be indicated under (a) and (b) are those which were indicated in the application(s), or are recorded in respect of the registration(s), to which the present request relates.

* The names to be indicated under (a) and (b) are those which were indicated in the application(s), or are recorded in respect of the registration(s), to which the present request relates.

† To be left blank if the authorisation of agent has not, or has not yet, been allotted a serial number or if the serial number is not yet known to the holder and/or applicant or the representative.

* The names to be indicated under (a) and (b) are either the full names of the new owner or the names customarily used by the new owner.

* The names to be indicated under (a) and (b) are either the full names of the new owner or the names customarily used by the new owner.

† "Establishment" means a real and effective industrial or commercial establishment.

‡ Where several new owners are listed on the additional sheet with different addresses and there is no representative, the address for correspondence must be underlined on the additional sheet.

* To be left blank if the authorisation of agent has not, or has not yet, been allotted a serial number or if the serial number is not yet known to the new owner or the representative.

† An address for service must be indicated in the space available under the title of item 10 where the new owner does not have or, if there is more than one new owner, where none of the new owners has a domicile or a real and effective industrial or commercial establishment on the territory of the Contracting Party whose Office is the Office named on the first page of the present request, except where a representative is indicated in item 9.

* Where the application number of an application has not yet been issued or is not known to the transferor or his representative, that application may be identified by furnishing either: (i) the provisional application number, if any, given by the Office, or (ii) a copy of the application, or (iii) a reproduction of the mark, accompanied by an indication of the date on which, to the best knowledge of the transferor or his representative, the application was received by the Office and an identification number given to the application by the transferor or his representative.

* The names to be indicated under (a) and (b) are those which were indicated in the application(s), or are recorded in respect of the registration(s), to which the present certificate relates.

* The names to be indicated under (a) and (b) are those which were indicated in the application(s), or are recorded in respect of the registration(s), to which the present certificate relates.

* The names to be indicated under (a) and (b) are either the full names of the transferee or the names customarily used by the transferee.

* The names to be indicated under (a) and (b) are either the full names of the transferee or the names customarily used by the transferee.

* Where the application number of an application has not yet been issued or is not known to the transferor or his representative, that application may be identified by furnishing either: (i) the provisional application number, if any, given by the Office, or (ii) a copy of the application; or (iii) a reproduction of the mark, accompanied by an indication of the date on which, to the best knowledge of the transferor or his representative, the application was received by the Office and an identification number given to the application by the transferor or his representative.

* The names to be indicated under (a) and (b) are those which were indicated in the application(s), or are recorded in respect of the registration(s), to which the present document relates.

* The names to be indicated under (a) and (b) are those which were indicated in the application(s), or are recorded in respect of the registration(s), to which the present document relates.

* The names to be indicated under (a) and (b) are either the full names of the transferee or the names customarily used by the transferee.

* The names to be indicated under (a) and (b) are either the full names of the transferee or the names customarily used by the transferee.

* The reference number allotted by the holder and/or applicant and/or the reference number allotted by the representative to the present request may be indicated in this space.

* The reference number allotted by the holder and/or applicant and/or the reference number allotted by the representative to the present request may be indicated in this space.

† Where the application number of an application has not yet been issued or is not known to the applicant or his representative, that application may be identified by furnishing either: (i) the provisional application number, if any, given by the office, or (ii) a copy of the application, or (iii) a reproduction of the mark, accompanied by an indication of the date on which, to the best knowledge of the applicant or his representative, the application was received by the Office and an identification number given to the application by the applicant or his representative.

* The names to be indicated under (a) and (b) are those which were indicated in the application(s), or are recorded in respect of the registration(s), to which the present request relates.

* The names to be indicated under (a) and (b) are those which were indicated in the application(s), or are recorded in respect of the registration(s), to which the present request relates.

† To be left blank if the authorisation of agent has not, or has not yet, been allotted a serial number or if the serial number is not yet known to the holder and/or applicant or the representative.

* Indicate the name(s) and/or address(es) as changed

* The reference number allotted by the holder and/or applicant and/or the reference number allotted by the representative to the present request may be indicated in this space.

* The reference number allotted by the holder and/or applicant and/or the reference number allotted by the representative to the present request may be indicated in this space.

† Where the application number of an application has not yet been issued or is not known to the applicant or his representative, that application may be identified by furnishing either: (i) the provisional application number, if any, given by the Office, or (ii) a copy of the application, or (iii) a reproduction of the mark, accompanied by an indication of the date on which to the best knowledge of the applicant or his representative, the application was received by the Office and an identification number given to the application by the applicant or his representative.

* The names to be indicated under (a) and (b) are those which were indicated in the application(s), or are recorded in respect of the registration(s), to which the present request relates.

* The names to be indicated under (a) and (b) are those which were indicated in the application(s), or are recorded in respect of the registration(s), to which the present request relates.

† To be left blank if the authorisation of agent has not, or has not yet, been allotted a serial number or if the serial number is not yet known to the holder and/or applicant or the representative.

* If a natural person, insert the person's full name. If a legal entity, insert the legal entity's full official designation.

† Insert form in which security is given.

‡ If the notice is given by a legal entity, insert also the name and status of the signatory to the legal entity.

* If a natural person, insert the person's full name. If a legal entity, insert the legal entity's full official designation.

† If the notice is given by a legal entity, insert also the name and status of the signatory to the legal entity.

* If a natural person, insert the person's full name. If a legal entity, insert the legal entity's full official designation.

† If the notice is given by a legal entity, insert also the name and status of the signatory to the legal entity.

* If a natural person insert the person's full name. If a legal entity, insert the legal entity's full of official designation.

† Insert the full name of the Court and jurisdiction in which the action has been commenced.

‡ If the notice is given by a legal entity, insert also the name and status of the signatory to the legal entity.

* If a natural person, insert the person's full name. If a legal entity insert the legal entity's full official designation.

† If this notice of consent relates to only some of the goods seized and listed in the Notice of the Comptroller list those goods to which this notice of consent applies.

‡ If the notice is given by a legal entity, insert also the name and status of the signatory to the legal entity.

* If a natural person, insert the person's full name. If a legal entity, insert the legal entity's full official designation.

† If the notice is given by a legal entity, insert also the name and status of the signatory to the legal entity."