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Inglés Trade Marks Regulations, 2004

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SAINT VINCENT AND THE GRENADINES TRADE MARKS REGULATIONS, 2004

SAINT VINCENT AND THE GRENADINES TRADE MARKS REGULATIONS, 2004 ARRANGEMENT OF REGULATIONS

REGULATION PART I PRELIMINARY

Citation
Commencement
Interpretation

PART 2 TRADE MARKS AND TRADE MARK RIGHTS

Classification of goods and services
Period in which action for infringement may be brought

PART 3 APPLICATION FOR REGISTRATION

Application for registration: prescribed form
Applications: requirements for filing
Representation of trade marks
Specification of goods or services or both
Period for claiming priority for an application
Publication of particulars of application
Mode of publication
Examination of application: report to applicant
Examination: applicant’s response to report
Examination: further report to applicant
Examination: additional requirements
Periods after which applications lapse
Deferment of acceptance
Period for which acceptance is deferred
Trade marks containing certain signs
Divisional application: prescribed forms
Period for filing divisional application
Request for expedited examination of application
Expedited examinations

PART 4
OPPOSITION TO REGISTRATION

Time for filing notice of opposition
Extension of time for filing: grounds
Extension of time for filing: application
Extension of time for filing: grant of extension
Copy of earlier application to be available to opponent
Opposition proceedings
Evidence in support
Notice that opponent will not rely on evidence in support
Failure to file
Evidence in answer
Period for service of a copy of the evidence in answer
Notice that applicants will not rely on evidence in answer
Failure to file
Evidence in reply to evidence in answer
Notice that opponents will not rely on evidence in reply to evidence in answer and failure to file
Hearing of opposition
Extension of period to serve evidence and service of further evidence
Conduct of opposition proceedings generally
Registrar to give notice of dismissal of proceedings

PART 5

AMENDMENT OF APPLICATTON FOR REGISTRATION OF A TRADE MARK AND
OTHER DOCUMENTS

Amendment of applications by Registrar
Request to amend before publication of details
Filing of declarations
Notification of amendments

PART 6 REGISTRATION OF TRADE MARKS

Period in which a trade mark can be registered
Particulars to be entered in the Register
Period for request for renewal
Notice of renewal due: when and how given

52.: Notice of renewal

PART 7 AMENDMENT AND CANCELLATION OF REGISTRATION

Notice of cancellation
Amendment or cancellation: matters for the court

PART 8 REMOVAL OF TRADE MARK FROM REGISTER FOR NON-USE

Applications for removal
Notification of applications
Notice of opposition to removal
Opposition proceedings before the Registrar

PART 9 ASSIGNMENT AND TRANSMISSION OF TRADE MARKS

Applications for assignment to be recorded or entered
Recording of assignment: trade marks not registered
Particulars of recorded assignment or transmission to be published
Recording of assignment of registered trade marks
Notice to persons recorded as claiming right or interest in trade marks

PART 10
VOLUNTARY RECORDING OF CLAIMS TO INTERESTS IN AND
RIGHTS IN RESPECT OF TRADE MARKS

Amendment of particulars: claimed interests or rights
Amendment of name, address and address for service: claims not in Register
Cancellation of particulars: claimed interests or rights

PART 11 IMPORTATION OF GOODS INFRINGING VINCENTIAN TRADE MARKS

Notice of objection to importation: accompanying documents
Notice of objection to importation: authorised users
Period for compliance with Comptroller’s request for information etc.

PART 12
CERTIFICATION TRADE MARKS

Copy of rules to be filed
Applications to vary rules
Assignment of registered certification trade marks

PART 13
DEFENSIVE TRADE MARKS

73. Evidence in support of applications

PART 14
ADMINISTRATION

Office business hours
Delegates of the Registrar

PART 15
MISCELLANEOUS

Division I
Applications and other documents

Compliance with instructions on approved forms
Filing of documents: requirements as to form
Filing of documents: common requirements
Filing of documents: treatment of non-complying documents
Filing of documents: date of receipt to be marked
Declarations 82 Declarations: additional material

Notification of service
Notice of withdrawal of applications
Withdrawal of application: Registrar’s notice to applicant

6. Change of address for service: notice to interested persons Division 2 Proceedings before the Registrar

Applications for costs
Determination of costs
Conduct of proceedings generally
Hearings by Registrar
Dispensing with hearings
Evidence in proceedings
Documents not in English
Registrar may use information available
Statements of reasons for decision

Division 3 General

What fees are payable
How fees are to be paid
Notice of non-payment fee
Refund of fees
Extension of time: application
Extension of time: notice of opposition
Extension of time: opposition proceedings
Extension of time: prescribed acts and documents
Incapacity of certain persons
Destruction of documents
Directions not otherwise presented
Requirements cannot be complied with for reasonable cause
Forms generally
General

SAINT VINCENT AND THE GRENADINES
STATUTORY RULES AND ORDERS

2004 NO. 13

(Gazetted 18^th May, 2004)

IN EXERCISE of the powers conferred by section 190 of the Trade Marks Act, No.46 of 2003, the Minister makes the following Regulations:

TRADE MARK REGULATIONS, 2004
PART I
PRELIMINARY

1. These Regulations may be cited as the Trade Marks Regulations

Citation

2004.

2. These Regulations shall come into operation on the 18^th day of

Commencement May 2004.

Interpretation 3. In these Regulations: “certificate of verification” means a statement:

(b): that is dated and signed by the person who translated the document;

“earlier application”, in relation to an application for the registration of a trade mark for which a right of priority is claimed, means an application for the registration of that trade mark in a Convention Country

(a): that was filed, at the trade marks office, or its equivalent, of that Convention Country, before the application for which the right of priority is claimed; and
(b): on which the claim for the right of priority is based;

“Nice Classification” means the current version of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks , 1957 as revised and amended or such subsequent version as may be made available for inspection by the public at the Commerce and Intellectual Property Office;

“principal Act” means the Trade Marks Act, No. 46 of 2003;

“working day” means a day other than a Saturday, a Sunday or a public holiday.

PART 2 TRADE MARKS AND TRADE MARK RIGHTS

Classification of goods and 4. (1) For the purposes of section 13(3) and section 13(4) of the services

principal Act, in an application for registration of a trade mark the goods or services in respect of which the trade mark is sought to be registered shall be classified in accordance with the Nice Classification.

5. For the purposes of section 12(1)(b) of the principal Act, the

Period in which action for

prescribed period shall be 2 months from the day on which the

infringement may be brought authorised user of a trade mark asks the registered owner of the trade mark to bring an action for infringement of the trade mark.

PART 3 APPLICATION FOR REGISTRATION

Application for registration: 6. (1) For the purposes of section 13(2) and Parts 18,19 and 20 of ^{prescribed form}the principal Act, an application for the registration of a trade mark shall be in the form prescribed in Form 1 of Schedule 6.

(2) Any material that is intended by the applicant to form part of the application for registration of a trade mark:

(a): shall be attached to the application; and
(b): is taken to be part of the application.

Applications: requirements 7. (1) In order for an application for registration of a trade mark to for filing be taken to be filed, the application shall:

(a): state that it is for registration of the trade mark, or contain a clear indication to that effect;
(b): include a representation of the trade mark that is sufficient to identify the trade mark;
(c): specify the goods or services or both in relation to which the application is made;
(d): specify the name of the applicant;
(e): contain sufficient information to enable the Registrar to contact the applicant;
(f): be accompanied by an authorisation of agent; and
(g): be accompanied by the prescribed fee.

Representation of trade marks

(2): If an application does not meet one or more of the requirements referred to in sub-regulation (1)(a), (b), (c) or (d), the Registrar shall give the applicant written notice to such effect.
(3): If a notice referred to in sub-regulation (2) is issued by the Registrar and the application referred to in that notice meets the requirement(s) within a period of 3 months from the date of the notice, the application shall be taken to be filed on the day on which the requirement, or in the case of more than one requirement, the last of them, has been met.
(4): If an application does not meet the requirements referred to in sub-regulation (1)(e) (f) or (g) or does not meet the requirements referred to in sub-regulation (2) within the period referred to in sub-regulation (3), the application is taken to have not been filed.

8. (1) If practicable, the representation of a trade mark included in an application for registration of the trade mark shall not exceed 8 centimetres by 8 centimetres (3 inches by 3 inches) in size.

(2): In an application for the registration of 2 or more trade marks as a series, if practicable, the representation of each trade mark of the series shall not exceed 8 centimetres by 8 centimetres (3 inches by 3 inches).
(4): If the Registrar reasonably believes that the views of a trade mark to which sub-regulation (3) (a) or (b) applies are not sufficient to allow all features of the trade mark to be properly examined, the Registrar may by notice in writing require the applicant to give to the Registrar up to 6 additional views of the trade mark that show its features sufficiently to permit proper examination of the trade mark.
(5): If the representation of a trade mark in an application for registration of the trade mark includes words of a language other than English, the applicant shall file in support of the application a translation of the words into English.
(6): If the representation of a trade mark in an application for registration of the trade mark includes characters constituting words, being characters that are not roman letters, the applicant shall file in support of the application:

(a) a transliteration of the characters into roman letters, using the recognised system of romanisation of the

Specification of goods or services or both

characters, if any; and

(b) a translation of the words into English.

(7): If a trade mark for which registration is sought contains or consists of a sign that is a colour, shape, or an aspect of packaging, or any combination of those features, the application for registration of the trade mark shall include a concise and accurate description of the trade mark that details every such feature.

to permit proper examination of the trade mark, the Registrar may require the applicant to give to the Registrar a description, or further description, of the trade mark and a specimen of the trade mark.

(9): If the representation of a single trade mark exceeds, or the representations of the trade marks in a series of trade marks together exceed 8 centimetres by 8 centimetres (3 inches by 3 inches), the representation or representations:

(10): The representation of a trade mark in an application for registration of the trade mark shall be of a kind and quality that:

9. (1) For the purposes of section 13 (3) of the principal Act, in specifying in an application for registration of a trade mark the goods or services or both in respect of which registration is sought:

(a): the expression “all goods”, “all services”, “all other goods”, or “all other services” shall not be used;
(b): the goods or services or both shall be grouped according to the appropriate classes as detailed in the Nice Classification;
(c): the applicant shall nominate the class number that is appropriate to the goods or services in each group;
(d): the groups shall be listed in the order of their class numbers; and
(e): the goods or services or both shall, as far as practicable,

Period for claiming priority for an application

Publication of particulars of application

Mode of publication

be specified in terms appearing in the listing of goods and services published by the World Intellectual Property Organisation in the Nice Classification and made available for inspection by the public at the Commerce and Intellectual Property Office.

(2) If any of the goods or services or both cannot be specified using terms referred to in sub-regulation (1)(e), the applicant shall provide sufficient information to enable the Registrar to decide the classification of the goods or services or both.

10. (1) For the purposes of section 15(1) of the principal Act, an applicant shall claim a right of priority for an application by filing notice of the claim.

(3): If, as a result of a claim for a right of priority, more than one priority date applies in relation to an application, a person who claims a right of priority under section 15(1) of the principal Act shall specify the goods or services or both to which each priority date relates.

11. For the purposes of section 16 (1)(a) of the principal Act, the Registrar shall publish the following particulars of the application:

(a): if a number has been allocated to the application in the Commerce and Intellectual Property Office, the number;
(b): the applicant’s name;
(c): the date of filing the application;
(d): if the application is a divisional application, particulars of the initial application;
(e): particulars of any claim for a right of priority for the application;
(f): the class number or numbers for the goods or services or both in respect of which registration of the trade mark is sought.

12. Any matter required to be advertised or published pursuant to a provision of the principal Act shall be advertised or published by one or more of the following means:

Examination of application: report to applicant

Examination: applicant’s response to report

Examination: further report to applicant

(a): in the Gazette;
(b): in a journal issued by the Commerce and Intellectual Property Office;
(c): in an electronic publication made available by the Commerce and Intellectual Property Office.

13. (1) For the purposes of section 16(1)(b) of the principal Act, if in the course of an examination of an application the Registrar reasonably believes that:

(a) the application has not been made in accordance with the principal Act or these Regulations; or

(b): there are grounds under Part 3 of the Act for rejecting it; the Registrar shall report that belief in writing to the applicant.
(2): A report under sub-regulation (1) shall include notice of the date on which the application will lapse if it is not accepted earlier.
(3): If the Registrar reasonably suspects that the provisions of section 13(1) (b) of the principal Act do not apply in relation to all of the goods or services or both specified in an application for registration of a trade mark, the Registrar may require the applicant to make a declaration to the Registrar that those provisions apply to all of those goods or services or both.

14. (1) An applicant may respond in writing to the Registrar’s report under regulation 13.

(2) The response may:

(a): contest a belief of the Registrar that is expressed in the report;
(b): contest another matter that is mentioned in the report;
(c): provide further documents or evidence in support of the application;
(d): request that the application be amended in accordance with the principal Act.

15. (1) On receipt of a response under regulation 14, the Registrar shall consider the response.

(2) If the Registrar continues to believe that:

(a): the application has not been made in accordance with the principal Act or these Regulations; or
(b): there are grounds under Part 3 of the principal Act for rejecting it;

the Registrar shall report that belief in writing to the applicant.

(3) Unless acceptance of an application is deferred, a report under sub-regulation (2) in relation to that application shall include

Examination: additional requirements

Periods after which application lapse

under sub-regulation (2) in relation to that application shall include notice of the date on which the application will lapse if it is not accepted earlier.

16. (1) In the course of an examination of an application for which a right of priority is claimed, the Registrar may, in writing, require the applicant to file:

(a): a copy of any earlier application certified in the trade marks office, or its equivalent, of the Convention country in which it was filed; and
(b): if the earlier application is not in English:
(i): a translation of the earlier application into English; and
(ii): a certificate of verification relating to the translation.

(2) If the applicant is the successor in title to the person who made the earlier application, the Registrar may, in writing, require the applicant to file documentary evidence that is sufficient to establish the passing of title to the applicant.

17. (1) For the purposes of section 19 of the principal Act, the prescribed period for an application in respect of which a report is made under regulation 13 is:

(a): except as provided by paragraph (b), 12 months from the date of that report whether or not a further report is made under regulation 15; or
(b): if a further report raises grounds under Part 3 of the principal Act for rejecting the application that were not raised in the report made under regulation 13, 12 months from the date of the further report.

(2): In determining the period of 12 months for the purposes of sub-regulation (1) (a) or (b) in relation to an application, no account is to be taken of a period in which acceptance of the application is deferred under regulation 18.
(3): An applicant may, before the end of a period prescribed in sub-regulation (1), or that period as extended under section 185 of the principal Act or as a result of a previous application of sub-regulation (4), request the Registrar in writing to extend the period.

would be extended for more than 6 months after the end of the relevant period prescribed in sub-regulation (1).

Deferment of acceptance

18. (1) The Registrar may, at the request of the applicant in writing, defer acceptance of an application for registration of a trade mark, if:

(a): the request is made within a period prescribed in regulation 17 (1);

(iii)has filed an application under section 72 of the principal Act, in respect of the other trade mark and is awaiting the finalisation of proceedings in respect of that application,

(iv)has begun proceedings to have the Register rectified in respect of the other trade mark and the proceedings have not been determined or otherwise disposed of, or

(v) is awaiting renewal of the registration of the other trade mark in the period of 12 months after registration of the other trade mark has expired, or removal of the other trade mark from the Register.

(2) The Registrar may, on his own initiative, defer acceptance of the application within a period that is prescribed in regulation 17(1) or that is extended under section 185 of the principal Act or regulation 17 (4), if:

(a): the time within which proceedings mentioned in paragraph (b) may be begun, or an application mentioned in paragraph (c) may be made, has not ended;
(b): appeal proceedings under a provision of the Act have begun in a court in relation to the application; or
(c): the Registrar is informed in writing that the applicant has died.

Period for which acceptance is deferred

(3) The Registrar shall notify an applicant in writing:

(a): if the applicant requests the Registrar to defer acceptance of an application, of the Registrar’s decision to defer, or not to defer, acceptance of the application; and
(b): if the Registrar otherwise defers acceptance of an application, of the provision under which acceptance of the application is deferred.

19. (1) The period for which acceptance of an application is deferred (in this regulation called “the deferment period”) begins immediately after the date of the notice of deferment issued under regulation 18 (3).

(2) The deferment period ends:

(a): when the application is withdrawn;
(b): if paragraph (a) does not apply, when the Registrar is reasonably satisfied that there are no longer grounds for rejecting the application under section 26(1) or (2) of the principal Act; or
(c): if paragraphs (a) and (b) do not apply, in accordance with sub-regulation (3).

(3) For the purposes of sub-regulation (2) (c), the deferment period ends:

(a): if acceptance is deferred because of regulation 18(1) (c) (i), when proceedings relating to the registration of the other trade mark are finalized;
(b): if acceptance is deferred because of regulation 18(1) (c) (ii), at the end of 6 months from the date of the notice of deferment;
(c): if acceptance is deferred because of regulation 18 (1) (c) (iii), when proceedings under Part 12 of the principal Act in respect of the other trade mark are finalised;
(d): if acceptance is deferred because of regulation 18(1) (c) (iv), when the proceedings to have the Register rectified in respect of the other trade mark are determined or otherwise disposed of;
(e): if acceptance is deferred because of regulation 18 (1) (c) (v), when the registration of the other trade mark is renewed or the other trade mark is removed from the Register;
(f): if acceptance is deferred because of regulation 18 (2) (a), at the end of 2 months after the beginning of the period in which:

(i) proceedings mentioned in regulation 18 (2) (b) may be begun, or

Trade marks containing certain signs

Divisional application: prescribed forms

Period for filing divisional application

Request for expedited examination ofapplication

(ii) an application mentioned in regulation 18 (2) (c) may be made;

(g) if acceptance is deferred because of regulation 18 (2) (b), at the end of:

(i): 3 months after the determination, or other disposal, of the proceedings or review, or
(ii): such time as the court to which any appeal is brought allows,

(iii)if acceptance is deferred because of regulation 18 (2) (c), at the end of a period after the death of the applicant that the Registrar reasonably regards as sufficient in the circumstances.

(4) If acceptance of an application is deferred as a result of the operation of more than one of the provisions of regulation 18(1) (c) and regulation 18 (2), the deferment period ends in accordance with the relevant provision of sub-regulation (3) under which the deferment period ends later or last, as the case requires.

(5) The Registrar shall notify the applicant in writing of:

(a): the end of a period of deferment; and
(b): if acceptance is deferred under regulation 18 (1), the last day of the relevant period prescribed by regulation 17(1)

(a) or (b).

20. (1) For the purposes of section 21 (1) of the principal Act, the signs in Schedule I are prescribed.

(2) A list of the marks mentioned in Schedule I shall be available at the Commerce and Intellectual Property Office.

For the purposes of section 27 of the principal Act a divisional application shall be in the form prescribed in Form 3 of Schedule 6.
(1) For the purposes of section 28 of the principal Act, the period in relation to a divisional application for the registration of part of a trade mark is 6 months after filing the initial application for the registration of the trade mark.

(2) For the purposes of section 30 (2) and (4) of the principal Act, the period in relation to a divisional application for the registration of the trade mark in respect of goods or services or both excluded from the initial application is 1 month from the date of the notice of the amendment of the initial application for the registration of the trade mark given under regulation 45.

23. (1) A person who applies, or has applied, for the registration of a trade mark:

(a) may request in writing expedited examination of the application; and

Expedited examinations

Time for filing notice of opposition

Extension of time for filing: grounds

(b) shall include with the request a declaration stating the reasons for the request.

(2) As soon as practicable after making a decision in relation to a request, the Registrar shall give written notice of the decision to the person who made the request.

24. (1) The Registrar shall, to the extent that is practicable, examine applications for the registration of trade marks in relation to which requests under regulation 23 are granted:

(a): in the order in which the requests are filed; and

(2): In the absence of a request for expedited examination of an application for registration of a trade mark, the Registrar may expedite examination of the application if he or she reasonably believes that expedited examination is warranted.
(3): The relationship of an application mentioned in sub-regulation (2) to another application for registration of a trade mark is a relevant circumstance for the purposes of that sub-regulation.

PART 4

OPPOSITION TO REGISTRATION

25. (1) For the purposes of subsection 33 (2) of the principal Act, the period for filing a notice of opposition is 3 months from the day on which the acceptance of the application is advertised.

(2): For the purposes of section 33 (2) of the principal Act a notice of opposition shall be in the form prescribed in Form 4 of Schedule 6.
(3): The opponent shall within 2 days after the service of the copy of the notice of opposition on the applicant file a statement setting out the date, place and manner of service on the applicant.

26. (1) A person may apply to the Registrar for an extension of time in which to file a notice of opposition.

(2) An application for an extension of time may be made within the period for filing a notice of opposition referred to in regulation 25 on one, or more than one, of the following grounds, and on no other ground:

(a): an error or omission by a member of staff of the Commerce and Intellectual Property Office;
(b): an error or omission by the person applying for the

Extension of time for filing: application

Extension of time for filing: grant of extension

extension of time, or by the person’s agent;

(c): circumstances beyond the control of the person applying for the extension of time;
(d): the conduct of genuine negotiations between the person desirous of opposing the application and the applicant for registration;

(3) If the period for filing a notice of opposition has ended, an application for extension of time may be made at any time before the trade mark is registered on one or more than one, of the grounds set out in sub-regulation (2) (a), (b) or (c), and on no other ground.

27. An application for an extension of time in which to file a notice of opposition shall:

(a): be in writing; and

28. (1) Subject to sub-regulations (2) and (4), if the Registrar is reasonably satisfied as to the grounds set out in an application for an extension of time to file a notice of opposition, the Registrar shall grant the extension of time:

(3): For the purposes of sub-regulation (2) (b), the representations may be made in writing or at a hearing or by such other means as the Registrar reasonably allows.
(4): If an application for extension of time is made after the period for filing a notice of opposition has ended, the Registrar shall not grant the extension unless the Registrar is reasonably satisfied that there

Copy of earlier application to be available to opponent

Opposition proceedings

Evidence in support

grant the extension unless the Registrar is reasonably satisfied that there is sufficient reason for the application not being made before the end of that period.

(5) An extension of time shall be for such period:

(a): in the case of an extension of time that is granted on a ground set out in regulation 26 (2) (a), (b) or (c), as the Registrar believes is reasonable; or
(b): in the case of an extension of time that is granted on a ground set out in regulation 26(2) (d) or (e), not exceeding 3 months as the Registrar believes is reasonable.

29. (1) In opposition proceedings relating to an application in respect of which the applicant claims a right of priority, an opponent may in writing ask the Registrar for a copy of an earlier application to be made available.

(3): If the applicant is the successor in title to the person who made the earlier application, the Registrar may require in writing the applicant to provide documentary evidence that is sufficient to establish the passing of title to the applicant.
(4): Sub-regulation (2) does not apply if the applicant has already filed the documents mentioned in that sub-regulation.
(5): The Registrar shall send a copy of the documents mentioned in sub-regulation (2) to the opponent.

For the purposes of section 35 (2) of the principal Act, regulations 31 to 41 set out the procedure to be followed in dealing with an opposition after a notice of opposition is filed.
(1) If the opponent intends to rely on evidence in support of the opposition, the opponent shall serve a copy of the evidence in support on the applicant within 3 months from the day on which the notice of opposition is filed.

(2) Within 2 days after the opponent serves a copy of the evidence in support on the applicant, the opponent shall file with the Registrar:

Notice that opponent will not rely on evidence in support

Failure to file

Evidence in answer

Period for service of a copy of the evidence in answer

Notice that applicants will not rely on evidence in answer

(a): the original evidence; and
(b): a statement setting out the date, place and manner of service of the copy of the evidence on the applicant.

32. (1)If the opponent does not intend to rely on evidence in support of the opposition, the opponent shall, within 3 months from the day on which the notice of opposition is filed, serve on the applicant a copy of a notice stating that the opponent does not intend to rely on evidence in support of the opposition.

(2) As soon as practicable after the opponent serves a copy of the notice on the applicant, the opponent shall file with the Registrar:

(a): the original notice; and
(b): a statement setting out the date, place and manner of service of the copy of the notice on the applicant.

If the opponent does not file evidence in support under regulation 31 or the notice under regulation 32 or apply for extension so to do, the opponent shall be deemed to have abandoned his or her opposition.
( 1) If the applicant intends to rely on evidence in answer to the opposition, the applicant shall serve a copy of the evidence in answer on the opponent within the period for service of a copy of that evidence under regulation 35.

(2) Within 2 days after the applicant serves a copy of the evidence in answer on the opponent, the applicant shall file with the Registrar:

(a): the original evidence; and
(b): a statement setting out the date, place and manner of service of the copy of the evidence on the opponent.

35. If the opponent complies with regulations 31 and 32, the period for service of a copy of the evidence in answer to the opposition is 3 months from the day on which the opponent serves on the applicant:

(a): the copy of the evidence in support referred to in regulation 31 (1); or
(b): the copy of the notice referred to in regulation 32 (1),

36. (1) If an applicant does not intend to rely on evidence in answer to the opposition, the applicant shall serve on the opponent, within the period for service of a copy of the evidence in answer, a copy of a notice stating that the applicant does not intend to rely on evidence in answer to the opposition.

(2) Within 2 days after the applicant serves a copy of the notice on the opponent, the applicant shall file with the Registrar:

(a) the original notice; and

Failure to file

Evidence in reply to evidence in answer

Notice that opponents will not rely on evidence in reply to evidence in answer and failure to file

Hearing of opposition

(b) a statement setting out the date, place and manner of service of the copy of the notice on the opponent.

If the applicant does not file evidence in answer under regulation 34 or the notice under regulation 36 or apply for extension of time so to do, he shall be deemed to have abandoned his application.
(1) If an opponent intends to rely on evidence in reply to the evidence in answer to the opposition, the opponent shall serve a copy of the evidence in reply on the applicant within 3 months after the service on the opponent of a copy of the evidence in answer.

(3): This evidence shall be strictly confined to matters in reply to the original evidence.

39. ( 1) If an opponent does not intend to rely on evidence in reply to the original evidence in answer to the opposition, the opponent shall serve on the applicant, within 3 months after the service on the opponent of a copy of the evidence in answer, a copy of a notice stating that the opponent does not intend to rely on evidence in reply in answer to the opposition.

(3): If the opponent does not file evidence in reply to evidence in answer under regulation 38 or the notice under sub-regulation (1) or apply for extension so to do, the evidence shall be deemed closed and opposition proceedings follow the normal course.

40. (1) Upon completion of the evidence, the applicant or opponent may ask the Registrar to hear the parties to the opposition proceedings.

(2): The Registrar shall comply with a request made in accordance with sub-regulation (1).
(3): If an applicant or opponent in opposition proceedings may make a request to the Registrar under sub-regulation (1) and the request is not made, the Registrar may, on his own initiative, give an opportunity to the parties to the opposition proceedings to be heard in relation to those proceedings.

(4) The Registrar shall give notice to the parties of a date when

Extension of period to serve evidence and service of further evidence

he will hear arguments in the opposition proceedings.

(5): The date under sub-regulation (4) shall be a date at least 14 days after the date of the notice unless the parties consent to a shorter notice.
(6): Within 7 days from the receipt of the notice any party who intends to appear shall so notify the Registrar in the form prescribed in Form 5 of Schedule 6.
(7): A party who receives notice as mentioned above and who does not, within 7 days from receipt thereof, notify the Registrar in accordance with sub-regulation (6) may be treated as not desiring to be heard and the Registrar may act accordingly.

41. (1) A party to the opposition proceedings may apply to the Registrar:

(a): for an extension of the period for serving a copy of the evidence under regulation 31, 35 or 38; or
(b): for permission to serve a copy of further evidence on the other party.

(2): The Registrar may grant an application on reasonable terms specified by the Registrar.

is appropriate.

(1): (b) on terms that include service of a copy of the further evidence within a specified period, a party to the opposition proceedings may apply to the Registrar for an extension of that period.

Conduct of opposition proceedings generally

Registrar to give notice of dismissal of proceedings

Amendment of applications by Registrar

Request to amend before publication of details

(6) Sub-regulations (2), (3) and (4) apply to an application under sub-regulation (5).

42. (1) The Registrar may, at the request of a party to the opposition proceedings or on the initiative of the Registrar, give a direction in relation to the procedure in the proceedings.

(4): For the purposes of sub-regulation (3) (b), the representations may be made in writing or at a hearing or by such other means as the Registrar reasonably allows.

43. If opposition proceedings are dismissed under section 183 of the principal Act, or discontinued, the Registrar shall notify the parties in writing that the opposition proceedings have been dismissed or discontinued.

PART 5

AMENDMENT OF APPLICATION FOR REGISTRATION OF A TRADE MARK AND OTHER DOCUMENTS

44. (1) For the purposes of section 43 (2) of the principal Act, if the Registrar proposes to amend an application for the registration of a trade mark, the Registrar shall give notice in writing to the applicant:

(a): setting out the proposed amendment and the reason for making the amendment; and
(b): stating that the proposed amendment will be made at the end of a reasonable period stated in the notice, unless the applicant objects to the amendment within that period.

(2) If an applicant objects to an amendment proposed by the Registrar within the period mentioned in sub-regulation (1) (b), the Registrar shall not make the amendment unless the objection is withdrawn.

45. For the purposes of section 44 (b) of the principal Act, the period for requesting an amendment is 14 days after filing the application for the registration of the trade mark.

Filing of declarations

Notification of amendments

Period in which a trade mark can be registered

46. If a person requests an amendment under section 44 or 46 (a) of the principal Act, the Registrar may require the applicant to file a declaration stating:

(a): that a clerical error or obvious mistake was made in the application; and
(b): the circumstances in which the error or mistake was made.

47. If the Registrar amends an application, notice or document under Part 8 of the principal Act, the Registrar shall give notice in writing of the amendment to:

(a): the person who requested the amendment; and
(b): any other person that the Registrar thinks appropriate.

PART 6

REGISTRATION OF TRADE MARKS

48. (1) For the purposes of section 48(1) of the principal Act , the period for the registration of a trade mark that has been accepted for registration is:

(b): in the case of the death of an applicant for registration of the trade mark, within 6 months of the date of death or within such further period as the Registrar reasonably allows.

(2) If:

(a): proceedings in relation to the registration of the trade mark before the High Court are not determined or otherwise disposed of; and
(b): the High Court is satisfied that the registration of the trade mark cannot take place on or before the first-mentioned day in sub-regulation (1) (a) (i);

the High Court may specify for the purposes of sub-regulation (i) (a) (ii) a day that is later than the first-mentioned day in sub-regulation (1) (a) (i).

(3) If :

(a) proceedings in relation to the registration of the trade mark are before the Registrar; and

Particulars to be entered in the Register

Period for request for renewal

Notice of renewal due: when and how given

(b) the Registrar is reasonably satisfied that

(ii): it is appropriate to do so;

the Registrar may specify, for the purposes of sub-regulation (1) (a) (ii), a day that is later than the first-mentioned day in sub-regulation (1) (a) (i).

49. For the purposes of section 49 (2) (c) of the principal Act , the following other particulars of a trade mark shall be entered in the Register:

(a): if the trade mark is registered as a certification trade mark, a collective trade mark or a defensive trade mark, an indication to that effect;
(b): the date of the registration;
(c): the date on which the particulars of the registration are entered in the Register under section 49(l) of the principal Act;
(d): the particulars of any right of priority claimed under section 15 of the principal Act;
(g): the class numbers of the goods or services or both in respect of which the trade mark is registered;
(h): the address of the owner of the trade mark;
(i): the name and address of the authorised agent;

(/) any other particulars relating to the trade mark that the Registrar reasonably believes to be appropriate.

50. (1) For the purposes of section 55 of the principal Act, the period within which a person may request the Registrar to renew the registration of a trade mark is 6 months ending on the day on which the registration of the trade mark expires.

(2) A request for renewal pursuant to section 55 shall be as prescribed in Form 7 of Schedule 6.

51. (1) For the purposes of section 56 of the Act, the period in relation to notifying a registered owner that renewal of the registration of a trade mark is due is within 3 months ending on the day on which the registration of the trade mark expires.

Notice of renewal

Notice of cancellation

Amendment or cancellation: matters for the court

(2) A notice that the renewal is due shall include:

(a): a statement of the date on which the registration of the trade mark will expire; and
(b): a statement of any fee payable.

52. For the purposes of section 57 (2) of the principal Act, a notice of the renewal of the registration of a trade mark shall include:

(a): a statement that the registration is renewed; and
(b): the period for which it is renewed.

PART 7
AMENDMENT AND CANCELLATION OF REGISTRATION

53. (1) The Registrar shall, after receiving a request from the owner of a registered trade mark under section 64 (1) of the principal Act, cancel registration of the trade mark if the Registrar is not obliged under section 64 (2) of the principal Act to notify a person.

(2) If the Registrar is required to notify a person under section 64 (2) of the principal Act, the notice shall state that unless:

(a): the request from the owner is sooner withdrawn; or
(b): a court determines that the Registrar shall not cancel registration of the trade mark;

the Registrar will cancel the trade mark at the end of a period of 2 months from the date of the notice.

(3) If :

(a): before the end of the period of 2 months, each person who is notified advises the Registrar in writing that the person does not object to cancellation of registration of the trade mark, the Registrar shall cancel registration of the trade mark; or
(b): paragraph (a) does not apply, the Registrar shall cancel registration of the trade mark after the end of that period;

unless the request from the owner is withdrawn or a court determines otherwise.

54. For the purposes of section 69 (2) (a) of the principal Act , the High Court, in making a decision under section 69 (1) of the principal Act on an application for rectification of the Register, shall take into account the following matters, so far as they are relevant:

(a): the extent to which the public interest will be affected if registration of the trademark is not cancelled;
(b): whether any circumstances that gave rise to the application have ceased to exist;

Applications for removal

Notification of applications

Notice of opposition to removal

Opposition proceedings before the Registrar

(b): the extent to which the trade mark distinguished the relevant goods or services or both before the circumstances giving rise to the application arose;
(d): whether there is any order or other remedy, other than an order for rectification, that would be adequate in the circumstances.

PART 8
REMOVAL OF TRADE MARK FROM REGISTER FOR NONUSE

55. For the purposes of section 72 (2) (a) of the principal Act, an application for the removal of a trade mark from the Register :

(a): shall be in the form prescribed in Form 9 of Schedule 6; and

56. (1) For the purposes of section 75 (1) of the principal Act, the Registrar shall give notice of an application under section 72 of the principal Act within 1 month after the application is filed in accordance with these Regulations.

(2) The notice shall be given by sending a copy of the application, and the accompanying declaration to each person who, in the opinion of the Registrar, needs to know that the application has been filed.

57. (1) For the purposes of section 76 (2) of the principal Act, a notice of opposition to an application under section 72 of the principal Act shall be in the form prescribed in Form 4 of Schedule 6 and shall be filed with the Registrar within 3 months from the day on which the application is advertised.

(2) The opponent shall serve a copy of the notice of opposition on the applicant as soon as practicable after the notice is filed.

58. (1) For the purposes of section 79 of the principal Act, regulations 31 to 41 inclusive apply, subject to sub-regulations (2) and (3), to an opposition to an application under section 72 of the principal Act.

(2) The Registrar shall, if asked to do so by the opponent within the period for serving:

Applications for assignment to be recorded or entered

Recording of assignment: trade marks not registered

(a) a copy of the evidence in support under regulation 31(1); or

(b) a copy of the notice under regulation 32(1); hear the parties to the opposition proceedings.

(3) If the opponent:

(a): does not serve a copy of the evidence in support in accordance with regulation 31 (1);
(b): serves a copy of a notice under regulation 32(1); or
(c): does not serve a copy of that notice within the time allowed in sub-regulation 31(1) or 32(1), as the case may be;

and the opponent does not request a hearing under sub-regulation (2), the opposition proceedings are taken to have ended, but are not taken to have been discontinued or dismissed.

(4) If:

(a): under sub-regulation (3) opposition proceedings are taken to have ended but are not taken to have been discontinued or dismissed; and
(b): the Registrar is satisfied that the grounds on which the opposed application were made have been established;

the Registrar shall determine the application in accordance with section 81 of the principal Act.

PART 9
ASSIGNMENT AND TRANSMISSION OF TRADE MARKS

59. For the purposes of sections 87 and 89 of the principal Act, the following documents are prescribed:

(a): a document that establishes the title to a trade mark of the assignee, or of the person to whom the trade mark has been transmitted; or
(b): evidence of the assignment or transmission of a registered certification trade mark; and
(c): Form 10 of Schedule 6.

60. (1) For the purposes of section 88 (1) (a) of the principal Act, the Registrar shall record particulars of the assignment or transmission of a trade mark in accordance with this regulation unless:

(a): the application to assign or transmit the trade mark is withdrawn; or
(b): a court determines otherwise.

(2) If there is no record made under Part 14 of the principal Act of a person claiming an interest in, or a right in respect of, the trade mark, the Registrar shall record the particulars after ascertaining that a claim has not been recorded.

(3) If:

(a): there is a record made under Part 14 of the principal Act of a person, or persons, claiming an interest in, or a right in respect of, the trade mark;
(b): the Registrar has notified that person, or each of those persons, under regulation 63 (1); and
(c): that person or each of those persons has, within the period of 2 months from the date of the notice mentioned in paragraph (b), given written notice to the Registrar consenting to the assignment or transmission;

the Registrar shall record the particulars after the Registrar has received the last notice consenting to the assignment or transmission.

(4) If:

(a): sub-regulation (3) (a) and (b) apply; and
(b): the person, or any of the persons, notified by the Registrar under regulation 63 (1) has not consented in writing to the assignment or transmission of the trade mark within the period of 2 months from the date of the notice;

the Registrar shall record the particulars as soon as practicable after the end of that period.

Particulars of recorded 61. For the purposes of section 88 (1) (b) of the principal Act: assignment or transmission to

_{be published}(a) the following particulars of an assignment or transmission of a trade mark for which registration is sought shall be published

(i): if a number has been allocated in the Commerce and Intellectual Property Office to the application for registration of the trade mark, the number,
(ii): the name of the person to whom the trade mark is recorded as having been assigned or transmitted,

(iii)the day on which the particulars of the assignment or transmission were recorded; and

(b) if details of an application for registration of the trade mark have been published in a way described in regulation 12, the particular of the assignment or transmission mentioned in paragraph (a) shall be

Recording of assignment of registered trade marks

Notice to persons recorded as claiming right or interest in trade marks

published in the same way.

62. (1) For the purposes of section 90 (1) (a) of the principal Act, the Registrar shall record particulars of the assignment or transmission of a trade mark in accordance with this regulation, unless:

(a): the application to assign or transmit the trade mark is withdrawn; or
(b): a court determines otherwise.

(2) If there is no record made under Part 14 of the principal

Act of a person claiming an interest in, or a right in respect of, the trade mark, the Registrar shall record the particulars in the Register after ascertaining that a claim has not been recorded.

(3) If:

(a): there is a record made under Part 14 of the principal Act of a person, or persons, claiming an interest in, or a right in respect of, the trade mark;
(b): the Registrar has notified that person, or each of those persons, under regulation 63 (1); and
(c): that person or each of those persons has, within the period of 2 months from the date of the notice mentioned in paragraph (b), given written notice to the Registrar consenting to the assignment or transmission;

the Registrar shall record the particulars in the Register after the Registrar has received the last notice consenting to the assignment or transmission.

(4) If:

(a): sub-regulation (3) (a) and (b) apply;
(b): the person, or any of the persons, notified by the Registrar under regulation 63 (1) has not consented in writing to the assignment or transmission of the trade mark within the period of 2 months from the date of the notice;

the Registrar shall record the particulars in the Register as soon as practicable after the end of that period.

63. (1) For the purposes of section 91 of the principal Act, the Registrar shall give notice in writing to a person recorded under part 14 of the principal Act as claiming an interest in, or a right in respect of, a trade mark stating that the Registrar will record the assignment or transmission of the trade mark at the end of a period of 2 months from the date of the notice, unless:

(a) the application to assign or transmit the trade mark is withdrawn;

Amendment of particulars: claimed interests or rights

Amendment of name, address and address for service: claims not in Register

Cancellation of particulars: claimed interests or rights

(b): a court determines otherwise; or
(c): each person to whom the Registrar shall give notice under this sub-regulation has already notified the Registrar in writing that the person consents to the assignment or transmission,

(2) Each notice under sub-regulation (1) in respect of a particular trade mark shall be given on the same day.

PART 10
VOLUNTARY RECORDING OF CLAIMS TO INTERESTS IN
AND
RIGHTS IN RESPECT OF TRADE MARKS

64. (1)For the purposes of sections 95 and 99 of the principal Act, particulars of a claim to an interest in, or to a right in respect of, a trade mark other than the name, address or address for service of a person whose claim is recorded or entered in the Register or recorded under Part 14 of the principal Act may be amended in accordance with this regulation.

(3): If a request is made in accordance with sub-regulation (2), the Registrar shall amend the particulars in accordance with the request.

65. If a person:

(a): whose claim to an interest in, or to a right in respect of, a trade mark for which registration is sought is recorded; and
(b): whose name, address or address for service has changed since the claim was recorded;

gives notice in writing of the new name or address to the Registrar, the Registrar shall amend the record accordingly.

66. (1)For the purposes of sections 95 and 99 of the principal Act, particulars of a claim to an interest in or to a right in respect of a trade mark entered in the Register or recorded under Part 14 of the principal Act may be cancelled in accordance with this regulation.

(2) A request to cancel particulars of a claim to an interest in, or to right in respect of, a trade mark shall be made in writing:

Notice of objection to importation: accompanying documents

Notice of objection to importation: authorised users

(a): by the person whose claim is recorded;
(b): by the owner of the trade mark;
(c): together by the person whose claim is recorded and the owner of the trade mark; or

(d)if the request has with it the written consent to the cancellation of one of the persons mentioned in paragraph (c) by the other person mentioned in that paragraph.

(3): If a request is made under sub-regulation (2) (a), (c) or (d), the Registrar shall cancel the particulars in accordance with the request.

PART 11
IMPORTATION OF GOODS INFRINGING VINCENTIAN
TRADE MARKS

67. For the purposes of section 111 (1) of the principal Act, the document prescribed in relation to a notice given under that subsection, is Form 12 of Schedule 6.

68. (1)For the purposes of section 111 (3) of the principal Act, the period in relation to a request by an authorised user under section 111

(2) of the principal Act is 2 months from the day on which the request is

Period for compliance with Comptroller’s request for information etc.

Copy of rules to be filed

Applications to vary rules

Assignment of registered certification trade marks

made.

(2) For the purposes of section 111 (3) of the principal Act, the following documents are prescribed, namely documents that establish that:

(a): a copy of the certificate of registration of the trade mark certified by the Registrar as being a true copy and issued not more than 2 months before the date of the notice given under section 111 (1) of the principal Act;

(iii) since the request mentioned in section 111 (2) of the principal Act was made, the period prescribed by sub-regulation ( 1 ) in relation to the request has ended.

69. For the purposes of section 122 of the principal Act, the period for complying with a request under section 122 (1) of the principal Act is 10 working days from the day on which the request is made.

PART 12

CERTIFICATION TRADE MARKS

For the purposes of section 144(l)of the principal Act, an applicant for registration of a certification trade mark shall file a copy of the rules governing the use of the certification trade mark at, or as soon as practicable after, the time of filing of the application.
(1) For the purposes of section 147 (1) of the principal Act (which deals with the variation of rules), the registered owner of a certification trade mark may apply to the Registrar to approve a variation of the rules governing the use of the certification trade mark.

(2) An application to approve the variation of the rules governing the use of a registered certification trade mark shall:

(a): be in writing; and
(b): have with it a copy of the rules governing the use of the registered certification trade mark that incorporate the proposed variation, highlighting the variations.

72. (1)An application to the Registrar for his consent to the assignment of a registered certification trade mark shall:

(a): be made by the registered owner of the certification trade mark;
(b): state the name, address, and address for service of the

Evidence in support of applications

Office business hours

Delegates of the Registrar

prospective assignee;

(c): state whether the prospective assignee proposes to continue after assignment to apply the same rules governing use of the registered certification trade mark that the registered owner of the trade mark applies; and

(2) In considering an application, the Registrar shall have regard to the following matters:

(b): if the prospective assignee does not propose after the assignment to continue to apply the same rules governing use of the registered certification trade mark as the registered owner of the trade mark applies-whether, if the application were an application to approve the variation of those rules that the prospective assignee proposes to vary after the assignment, the application would be approved by the Registrar.

PART 13

DEFENSIVE TRADE MARKS

73. An applicant for registration of a defensive trade mark shall file evidence in support of the application at, or as soon as practicable after, the time of filing of the application.

PART 14

ADMINISTRATION

The hours of business of the Commerce and Intellectual Property Office are from 8:30 a.m. to 12 noon and 1 p.m. to 3:00 p.m. Monday to Friday except for public holidays.
For the purposes of section 169(1) of the principal Act the person or persons to whom the Registrar may delegate any of his powers or functions are set out in Schedule 2.

Compliance with instructions on approved forms

Filing of documents: requirements as to form

Filing of documents: common requirements

PART 15

MISCELLANEOUS

Division I

Applications and other documents

76. If an application, notice or request under the principal Act or these Regulations is required to be in a prescribed form and a blank form that may be used in making such application or request or giving such notice

(a) is made available by the Registrar together with instructions for completion, the person who completes the form shall comply with those instructions;

(b)is not available from the Registrar, the form used shall conform as closely as possible to the prescribed form.

77. (1)A document to be filed at the Commerce and Intellectual Property Office shall comply with the requirements set out in Schedule

(4): If a document is filed by a person by facsimile transmission, the Registrar may require the person to file the original document from which the facsimile was transmitted.

78. (1)A person who files an application, notice or request shall include in the application, notice or request:

(a): the business address of the attorney-at-law making the application or request or giving the notice; and

Filing of documents: treatment of non-complying documents

Filing of documents: date of receipt to be marked

Declarations

(2): If an address recorded in the Register or included in an application, notice or request that is filed changes, the person whose address changes, or a person acting on behalf of that person, shall notify the Registrar of the new address.
(3): If the Registrar is notified of a new address, the Registrar shall amend the Register, application, notice or request accordingly.
(4): An application, notice or request that is to be filed shall be signed by an attorney-at-law on behalf of, the person making the application or request, or giving the notice, and dated by the signatory.

79. If a document received for filing at the Commerce and Intellectual Property Office fails to comply with the principal Act or these Regulations, the Registrar may:

(a): treat the document as not having been filed at the Commerce and Intellectual Property Office; or
(b): treat the document as having been filed, but require the person who filed the document to make, or cause to be made, any alterations to the document that are necessary to enable the document to so comply.

80. (1)A document that is received for filing shall be marked by the Registrar with the date on which it is received.

(2) Except as otherwise provided by the principal Act or these Regulations, a document is taken to be filed at the Commerce and Intellectual Property Office on the date on which it is received by the Commerce and Intellectual Property Office.

81. (1) A declaration required by the principal Act or these Regulations shall:

(a): be headed with the title of the matter in respect of which the declaration is made;
(b): be expressed in the first person;
(e): be divided into paragraphs, each of which shall be numbered consecutively and, as far as practicable, be

Declarations: additional material

Notification of service

Notice of withdrawal of applications

confined to one subject.

(2) A declaration may be made before:

(a): a magistrate;
(b): a justice of the peace;
(c): a notary public;
(d): a person before whom a statutory declaration may be made under the Declarations in Lieu of Oaths Act, or the law of the State, Territory or foreign country where the declaration is made; or
(e): a consular officer.

(2): A declaration is not taken to have been filed or served until any material to which the declaration refers, or any copy of the material, is filed or served.

83. A person who is required by the principal Act or these Regulations to serve a document on another person shall, as soon as practicable after the document is served, notify the Registrar in writing of the date, place and manner of service.

84. (1) For the purposes of section 175 of the principal Act:

(a): a person who has filed an application, notice or request; or
(b): another person in whom the right or interest in reliance on which the application, notice or request was filed has become vested;

may withdraw the application, notice or request by giving notice in writing of the withdrawal to the Registrar.

(2) If:

(a) the application, notice or request was filed by, or on behalf of, more than one person; or

Withdrawal of application: Registrar’s notice to applicant

Change of address for service: notice to interested persons

Applications for costs

(b) the right or interest mentioned in sub-regulation (1) (b) has become vested in more than one person;

the notice of withdrawal shall be signed by an agent on behalf of, each of those persons.

(3) If a person mentioned in sub-regulation (1) (b) withdraws an application, notice or request, the Registrar may require in writing that person to file documentary evidence that is sufficient to establish that the right or interest mentioned in that sub-regulation is vested in the person.

85. If an application, notice or request is withdrawn in accordance with regulation 84, the Registrar shall notify in writing each person or his attorney-at-law of the withdrawal and record the fact of the withdrawal in a manner deemed appropriate.

86. (1) A person:

(a): who has filed an application, notice or request stating an address; and
(b): who notifies the Registrar of another address for the purposes of section 176 (1) (b) of the principal Act or any other purpose;

shall give a copy of the notification to any party to proceedings relating to the application, notice or request and to any other person as directed by the Registrar.

(2) For the purposes of section 176 of the principal Act a request for a change of address of service shall be in the form prescribed in Form 21 of Schedule 6.

Division 2

Proceedings before the Registrar

87. (1) For the purposes of section 182 of the principal Act, a party to proceedings before the Registrar may apply to the Registrar in the form prescribed in Form 25 of Schedule 6 for an award of costs in relation to the proceedings.

(2) An application shall be made:

(a): during the proceedings; or

as the case requires.

(3) Before awarding costs in respect of the proceedings, the

Determination of costs

Conduct of proceedings generally

Hearings by Registrar

Registrar shall give each party to the proceedings a reasonable opportunity to be heard in relation to the award of costs.

(4) If a bill of costs is filed in relation to the proceedings, the bill of cost shall be filed within three months from the day on which the costs are awarded.

88. (1) In this regulation, “costs” does not include the costs referred to in section 85 (2) (b) of the principal Act.

(2): For the purposes of section 182 of the principal Act, costs may only be awarded in respect of a matter set out in Schedule 4.
(4): The Registrar may review the taxation of costs by a trade marks officer.

89. (1)The Registrar may, at the request of a party to proceedings before the Registrar, other than opposition proceedings, give directions in relation to the procedure in the proceedings.

(4): For the purposes of sub-regulation (3) (b), representations may be made in writing or at a hearing or by such other means as the Registrar reasonably allows.
(5): Subject to these Regulations, the Registrar may determine the procedure to be followed in proceedings before the Registrar.

90. ( 1)This regulation applies if the principal Act or these Regulations provide for a person to be heard by the Registrar.

(2) A request for a hearing by the Registrar shall be in the form

Dispensing with hearings

prescribed in Form 26 of Schedule 6.

(3) On request, or on his own initiative, the Registrar may:

(a): fix a time, date and place for the hearing; and
(b): give the parties to the hearing at least 10 days notice in writing of the hearing and of the time, date and place fixed for the hearing.

(4): A party shall, as soon as practicable after being notified of a hearing, inform the Registrar in writing whether the party wants to be heard.
(5): A party may attend a hearing in person or by such means as the Registrar reasonably allows.
(6): A party may make representations in writing before or during a hearing.
(7): A hearing shall be conducted with as little formality and technicality, and with as much expedition, as the requirements of the principal Act and these Regulations and a proper consideration of the matters before the Registrar, allow.
(8): The Registrar is not bound by the rules of evidence but may inform himself on any matter that is before him in any way that the Registrar reasonably believes to be appropriate.
(9): The Registrar may adjourn a hearing by notifying each party to the hearing accordingly.
(10): Subject to these Regulations, the Registrar may give a direction that is reasonably necessary for the conduct of the hearing.

91. (1) The Registrar is not required to proceed to hear a matter if:

(a): the Registrar reasonably believes that no party wishes to be heard in the matter;

(iii)the party does not attend the hearing.

(2) The Registrar may decide a matter to which sub-regulation

(1) refers:

(a): without a hearing; and
(b): by reference to relevant information about the matter that is held in the Commerce and Intellectual Property Office.

Evidence in proceedings

Documents not in English

Registrar may use information available

Statements of reasons for decision

What fees are payable

92. (1) Evidence that is given in writing in any proceedings before the Registrar shall be in the form of a declaration.

(2): The Registrar may require a person who has made a declaration that is filed in the proceedings to attend before the Registrar to give evidence orally on oath or affirmation instead of, or in addition to, the evidence contained in the declaration.
(3): The Registrar may permit a party to cross-examine a person who attends under sub-regulation (2).

93. If a document that is filed as evidence in proceedings before the Registrar is not in English, the party who files the document shall file with it:

(a): a translation of the document into English; and
(b): a certificate of verification in relation to the translation.

94. (1)If:

(a): information that is available to the Registrar is relevant to proceedings before the Registrar;
(b): the Registrar has reason to believe that the information is not known to a party to the proceedings;
(c): the Registrar proposes to take the information into account in making a decision in the proceedings;

before making the decision the Registrar shall:

(i): provide the information to the party, and
(ii): give the party a reasonable opportunity to make representations about the information.

(2) For the purposes of sub-regulation (1) (c)(ii), the representations may be made in writing or at a hearing or by such other means as the Registrar reasonably allows.

95. (1) If:

(a): the Registrar notifies a party to proceedings before the Registrar of a decision of the Registrar in the proceedings; and
(b): the party requests the Registrar in writing for the reasons for the decision;

the Registrar shall comply with the request.

(2) A request for reasons pursuant to sub-regulation (1) shall be in the form prescribed in Form 24 of Schedule 6.

Division 3
General

96. For the purposes of section 184 (1) of the principal Act, the fees

How fees are to be paid

Notice of non-payment fee

Refund of fees

Extension of time: application

Extension of time: notice of opposition

specified in column 3 of an item in Schedule 5 are payable in respect of a matter specified in column 2 of that item.

97. (1) For the purposes of section 184 (2) of the principal Act, a fee, other than a fee payable under Part 16 of the principal Act, shall be paid to the Registrar at the Commerce and Intellectual Property Office.

(2) A fee payable under Part 16 of the principal Act shall be paid to the Comptroller.

(3) A fee shall be paid in accordance with a direction given:

(a) in the case of a fee that is paid to the Registrar, by the Registrar;

(b)in the case of a fee that is paid to the Comptroller, by the Comptroller;

as to the way in which it is to be paid.

For the purposes of section 184 (5) of the principal Act, the Registrar or the Comptroller shall notify in writing the person concerned, or his agent, that the fee has not been paid, within 14 days after the doing of the act, or the filing of the document, for which the fee is payable.

(1) If, because of an error or omission of a member or staff of the Commerce and Intellectual Property Office, a person becomes liable to pay a fee for which the person would not otherwise have been liable, the Registrar may:

remit the whole or part of the fee; or
if the fee has been paid, refund the whole or part of the fee to that person, after obtaining approval or the consent of the Accountant General.

For the purposes of section 185 (2) and (3) of the principal Act, an application for an extension of time for doing a relevant act:

shall be in the form prescribed in Form 23 of Schedule 6; and

shall be accompanied by a declaration stating:

the facts on which the grounds specified in the application are based, and
if the period for doing the relevant act has ended, the reason why the application was not made before the period ended.

(1) For the purposes of section 185 (6) of the principal Act, a person may oppose an application for an extension of time for more than 3 months by filing a notice of opposition with the Registrar.

(2) A notice of opposition:

(a): shall be in writing; and
(b): shall be filed within 1 month after the application for an extension of time is published.

(3) The opponent shall serve a copy of the notice on the applicant.

Extension of time: opposition 102. For the purposes of section 185 (6) of the principal Act, proceedings regulations 31 to 39 inclusive apply to an opposition to an application for an extension of time.

103. (1) For the purposes of paragraph (a) of the definition of

Extension of time: prescribed acts and documents “relevant act” in section 185 (8) of the principal Act, the following acts

are prescribed:

(a): complying with the requirements of regulation 7(1);
(b): claiming a right of priority for an application for the registration of a trade mark under section 15(1) of the principal Act;
(e): making a divisional application for the registration of a trade mark under section 30 (4) of the principal Act;
(f): serving a copy of the evidence under regulation 28, 31 or 35;
(g): serving a copy of a notice under regulation 29,33 or 36;
(h): responding to a notice to which regulation 53 (2) applies;
(i): requesting that an application for the registration of a trade mark be amended under section 44 (b) of the principal Act;
(j): requesting renewal of the registration of a trade mark under section 55 of the principal Act;
(k): responding to a notice to which regulation 63 (1) applies;
(n): complying with a request for information referred to in regulation 69.

(2) For the purposes of paragraph (b) of the definition of “relevant act” in section 185 (8) of the principal Act, the following documents are prescribed:

(a) a notice of opposition to the registration of a trade mark

Incapacity of certain persons

Destruction of documents

Directions not otherwise presented

Requirements cannot be complied with for reasonable cause

Forms generally

under section 33 of the principal Act;

(b) a notice of opposition to which regulation 101 (1) applies.

104. (1) If a person is incapable of doing any thing required or permitted by the Act or these Regulations to be done because of infancy or physical or mental disability, a court may, on the application of a person acting on behalf of the incapable person or of another person interested in the thing being done:

(a): do the thing; or
(b): appoint a person to do the thing; in the name, and on behalf, of the incapable person.

(2) A thing done in the name of, and on behalf of, an incapable person is taken to have been done by that person as if the person had not been incapable when the thing was done.

105. (1)The Registrar may order the destruction of documents relating to trade marks the registration of which ceased not less than 10 years before the date of the order.

(2) Sub-regulation (1) does not authorise the destruction of the Register.

106. If the Registrar reasonably believes that it is necessary for the proper conduct of proceedings for a person to perform an act, file a document or produce evidence that the person is not required by the Act or these Regulations to perform, file or produce, the Registrar may give notice in writing to the person requiring him:

(a): to perform the act;
(b): file the document; or
(c): to produce the evidence; that is specified in the notice.

107. If:

(a): under these Regulations, a person is required to do an act or thing, sign a document, make a declaration or file or give to the Registrar a document or evidence; and
(b): the Registrar is reasonably satisfied that the person cannot comply with the requirement;

subject to any condition that the Registrar may reasonably impose, the Registrar may dispense with the requirement.

108. (1) An authorisation of an attorney at law as an agent pursuant to section 174 of the principal Act shall be in the form prescribed in Form 2 of Schedule 6.

(3): An application for cancellation or amendment of registration of a trade mark on the Register pursuant to Part 10 of the principal Act shall be in the form prescribed in Form 8 of Schedule 6.
(4): An application to record claims to interest in and rights in respect of a trade mark pursuant to section 93 of the principal Act shall be in the form prescribed in Form 11 of Schedule 6.
(5): A notice of objection to importation pursuant to section 111(1) of the principal Act shall be in the form prescribed in Form 12 of Schedule 6.
(6): A revocation of the notice of objection to importation pursuant to section 111(5) of the principal Act shall be in the form prescribed in Form 13 of Schedule 6.
(7): An application for extension of time in which to bring an action pursuant to section 116(1) (b) of the principal Act shall be in the form prescribed in Form 14 of Schedule 6.
(8): A notice of seizure of infringing goods pursuant to section 113(a) of the principal Act shall be in the form prescribed in Form 15 of Schedule 6.
(9): A notice of seizure of infringing goods pursuant to section 113 (b) of the principal Act shall be in the form prescribed in Form 16 of Schedule 6.
(10): A notice of consent to goods being forfeited to the Crown pursuant to section 114 of the principal Act shall be in the form prescribed in Form 17 of Schedule 6.
(11): A notice of consent to goods being released to designated owner pursuant to section 115(2) of the principal Act shall be in the form prescribed in Form 18 of Schedule 6.
(12): A notice of infringement to notified trade mark pursuant to section 116(1) of the principal Act shall be in the form prescribed in Form 19 of Schedule 6.
(13): An application for consent to assignment of certification or defence trade mark pursuant to section 149 of the principal Act shall be in the form prescribed in Form 20 of Schedule 6.
(14): A request to enter a change of name of registered owner or authorised user of a trade mark in the Register pursuant to section 177 of the principal Act shall be in the form prescribed in Form 22 of Schedule 6.
(15): A Certificate of Registration pursuant to the principal Act shall be in the form prescribed in Form 27 of Schedule 6.
(16): A notification of amendment pursuant to Part 10 of the principal Act shall be in the form prescribed in Form 28 of Schedule 6.

General

(17): A notice of renewal of registration of a trade mark pursuant to section 57 (2) of the principal Act shall be in the form prescribed in Form 29 of Schedule 6.
(18): The Registrar may give a certificate, other than a certificate prescribed by the principal Act or these Regulations, regarding any entry matter or thing that he is authorised or required by the principal Act or these Regulations to make or do.
(19): A person who can show an interest in an entry, matter or thing for which a certificate is required may, by an application in Form 30 of Schedule 6 request the certificate from the Registrar, and the applicant need not disclose his interest unless required by the Registrar to so do.

109. The Registrar may acknowledge inquiries made to the office, but the Registrar need not furnish any applicant or other person with information that would require a search of the public records of the office or provide advice on matters concerning the interpretation of the principal Act or Regulations or concerning other questions of law.

SCHEDULE 1

(regulation 20)

SIGNS THAT SHALL NOT BE REGISTERED
AS TRADE MARKS

The following shall not be registered as trade marks:

(a): the words "Patent", "Patented", "By Royal Letters Patent", "Registered", "Registered Design", "Copyright" "Plant Breeder's Rights", or words or symbols to the same effect.
(b): the words “To counterfeit this is a forgery", or words to the same effect.
(c): a representation of the Coat of Arms, or of the flag or seal of Saint Vincent and the Grenadines.
(d): a representation of the logo or emblem of a public authority or public institution in Saint Vincent and the Grenadines except on the application of such public authority or public institution.
(e): a representation of a mark notified by the International Union for the Protection of Industrial Property as not entitled to registration under international arrangements.
(f): words, letters or devices likely to lead persons to think that the applicant has or recently has had Royal patronage or authorization.
(g): a representation of the Royal Crown.

SCHEDULE 2

(regulation 75)

DELEGATES OF THE REGISTRAR

A. PRESCRIBED PERSONS AND PUBLIC OFFICERS

Deputy Registrar
Executive Officer
Clerk

B. PRESCRIBED CLASSES OR PERSONS AND PUBLIC OFFICERS

Any person appointed to or holding or performing the duties of an office or post in the Commerce and Intellectual Property Office.

SCHEDULE 3

(regulations 77; 109)

FORM OF DOCUMENTS

Documents submitted for filing shall be in English or where regulation 16, 29 or 93 applies, shall be accompanied by a verified translation into English.
Documents (excluding documents that are to be filed by facsimile transmission) shall be prepared using white paper of good quality, either A4 (297 millimeters by 210 millimeters) in size or 8.5” x 11” (216 millimeters by 279 millimeters).
The contents of a document shall be written or printed on one side only of the paper in a carbonaceous or other permanent.
The contents of a document shall be typed or printed and if a document is printed, the type setting shall not be less than size 12 font point.
The signature of the person signing a document and the date of signature shall be placed on the last sheet of the document.
The name of a person signing a document shall be legibly written under or beside the signature of that person.
An alteration made in a document before it is filed at the Commerce and Intellectual Property Office shall be initialed by the person who signs the document in the margin of the document opposite to the alteration.
The use of correction fluid on documents is prohibited and such documents will not be accepted for filing.
Documents shall be filed in duplicate original.
Documents which pertain to applications under the Act shall be accompanied by an authorisation of agent form in the form prescribed in Form 2 of Schedule 6.

SCHEDULE 4
COSTS, EXPENSES AND ALLOWANCE
PART 1
COSTS

Column 1

Column 2

Column 3

Item

Matter

Amount

Notice of opposition

$180

Evidence in support

$480

Receiving and perusing notice of opposition

$100

Receiving and perusing evidence in support

$100

Evidence in answer

$300

Receiving and perusing evidence in answer

$150

Evidence in reply

$150

Receiving and perusing evidence in reply

$100

Preparation of cases for hearing

$300

Attendance at hearing by attorney-at-law

$200 per hour

PART2

EXPENSES AND ALLOWANCES

EXPENSES

A person who has paid a fee prescribed in these Regulations in relation to proceedings before the Registrar may be paid the amount of the fee.

A person attending proceedings before the Registrar shall be paid —

a reasonable amount for allowances for transport between the usual place of residence of the person and the place that he or she attends for that purpose; and
if the person is required to be absent overnight from his or her usual place of residence-a reasonable amount for allowances up to a daily maximum of $400 for meals and accommodation.

ALLOWANCES

1. A person who, because of his or her professional, scientific or other special skill or knowledge, is summoned to appear as a witness before the Registrar shall be paid—

(a): if the person is remunerated in his or her occupation by wages, salary or fees-an amount equal to the amount of wages, salary or fees not aid to the person because of his or her attendance for that purpose; and
(b): in any other ease-an amount of not less than $100, or more than $500, for each day on which he or she so attends.

2. A person summoned to appear as a witness, other than a witness referred to in clause 3, before the Registrar shall be paid —

(a) if the person is remunerated in his or her occupation by wages, salary or fees-an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and

(b) in any other case-an amount of not less than $60, or more than $100, for each day on which he or she so attends.

SCHEDULE 5

(regulation 96)

FEES

ITEM MATTER

1 Filing an application to register a trade mark / certification / defensive or collective trade mark in respect of:

(b): goods and/or services in more than 1 prescribed class

2 Filing of divisional application

3 Filing of an application to register 2 or more trade marks as a series under section 32

4 Additional fee for filing application under item 1,2, or 3 if a

representation of the mark exceeds 8cm x 8cm or 3” x 3” 5 Request for deferment of acceptance of an application 6 Request for expedited examination of application for

registration of a trade mark 7 Filing of any notice of opposition 8 Filing of application for extension of period or time:

(b): additional fee if application or request is filed after the

end of the period or time to extend 9 Filing of notice or evidence in opposition proceedings 10 Certificate of registration of trade mark 11 Publication/Gazette fee

(a): word mark up to 2 classes for each additional class
(b): combined marks up to 2 classes for each additional class
(c): logos up to 2 classes for each additional class

FEES

$100.00

$100.00 for the first class and $50.00 for each additional class

$100.00 for each class $200.00 in respect of 2 trade marks plus $50.00 for each additional mark of the series $65.00 per application $50.00 $40.00

$200.00

$50.00

$100.00

$60.00 $100.00

$100.00 $100.00

$125.00 $100.00

$200.00 $100.00

12	Renewal of registration of trade mark in respect of:
	(a)	goods or services in a single prescribed class	$100.00
	(b)	goods and/or services in more than 1 prescribed class	$100.00 plus $20.00 for each additional class
13	Additional fee on renewal of registration of trade mark where request is made within 12 months after the expiry date		in addition to fees in 12(a) and 12(b), $25.00 for each class and for each month or part of a month after the expiry date
14	Application for amendment of trade mark application before or after publication of notice of application		$50.00
15	Application for amendment of Register		$80.00 per mark
16 17	Application for amendment of documents other than application for registration of trade mark Filing authorisation of agent		$40.00
	(a) first filing		$5.00
18	(b) if already filed Application for cancellation of a mark		$2.00 $50.00
19 20 21 22 23 24 25	Filing an application for recording of assignment or transmission of trade mark Application to record a claim to an interest in or a right in respect of a trade mark Request for an amendment or cancellation of recorded particulars of a claim to an interest in, or a right in respect of a trade mark Filing a copy of rules governing use of a certification trade mark Filing evidence supporting an application for registration of a defensive trade mark Request for hearing Attendance at hearing		$100.00 per mark $100.00 $80.00 $80.00 $80.00 $200.00 $50.00
26	Withdrawal of an application, notice or request		$20.00
27	Request for change of address of registered owner		$50.00 per mark
28	Request for change of name of registered owner		$50.00 per mark
29	Filing of application for costs		$25.00
30	Taxation of costs		$60.00
31	Certified copy of a certificate of registration		$20.00

32	Certified copy of a document other than a certificate of	$10.00
	registration
33	Uncertified photographic copy of document	$1.00 per page
34	Filing of any document for which a fee is not provided	$20.00
35	Search	$2.00 for each file
36	Request for Certificate in relation to an entry or matter under	$30.00
	regulation 108(18) and (19)

SCHEDULE 6

(regulations 6;109)

FORMS

FORM 1

APPLICATION FOR REGISTRATION OF A TRADE MARK (reproduction of mark should not exceed 8cm x 8cm or 3in x 3in)

Please refer to the notes for the completion of this form.
Trade Marks Act 2003: Section 13 and Parts 18, 19 & 20

1. Indicate if this application is for (i) a trade mark (ii) a collective trade mark (iii) a certification trade mark (iv) a defensive trade mark
2. The applicant claims to be the owner of the trade mark and (i) is using or intends to use the trade mark (ii) has authorised or intends to authorise another person to use the trade mark (iii) intends to assign the trade mark to a body corporate
3. Representation of trade mark
4. State “Yes” here if the trade mark is a word or words without any particular form of presentation
5. If the mark contains or consists of a sign that is a colour, shape, an aspect of packaging, sound or any combination of those elements, give concise and accurate description of trade mark
6. If the application is for a series of marks indicate how many in the series

7.	If this application claims priorityindicate the priority date(s) claimed, the country and the number	Date of filing Country Number
8.	Certified copy of application of which priority is claimed Is attached Will be furnished within 6 months
9.	Translation of certified copy Is attached Will be furnished within 1 month of the filing date

10. Specification of goods or services

List the classes in consecutive order and list alongside each class the goods or services appropriate to that class

	Class number	List of goods / services
11.	If colour(s) claimed, as feature of the mark, indicate and state colour(s) claimed
12.	Indicate any limitation or disclaimers
13.	Full name and address of applicant
14.	Full name and address of agent

15. Authorisation of Agent is attached	Yes	No
16. The mark is 3 dimensional Reproduction of the mark in black and white is attached Reproduction of the mark in colour is attached
17. State the number of sheets attached to this application

Dated this		day of		20
Signature:	________		_________	__________
			Agent

Notes: 1. If your answer to any item of this form is too lengthy to fit in the space provided, the information may be given on annexed sheets, numbered consecutively and incorporated by reference using the words “The annexed schedule to item (insert item number) is incorporated in this form” or words to such effect. The number of additional sheets used is to be noted at item 17 of the form.

2. Applications must be accompanied by 6 representations of the mark for which registration is sought.

For Official Use only: Mark type:

Word only

Word and device Device only

FORM 2

(regulation 108(1))

AUTHORISATION OF AGENT

(Trade Marks Act 2003: Section 174)

I/We^{1 2}have appointed³of ⁴to act as my/our¹ agent in relation to⁵

1. Application for registration and post registration matters relating to the following trade mark(s):

Opposition proceedings relating to the following trade mark(s):
The following application(s) or registration(s) in relation to the following registered mark(s):
Registration of and other proceedings in relation to all trade marks in which we may now or hereafter have any right or interest.

I/We¹ request that all notices, requisitions and communications relating thereto be sent to the agent at the above address.

I/We¹ hereby revoke all previous authorisations, if any, in respect of the same matter or proceeding.

I/We¹ hereby declare that I am/we are^{1 6}

Dated this day of 20 .

Signature⁷:………...……………………………………………..
Name:
Address:

N.B.: Where the applicant is a company, the authorisation must bear the seal or stamp of the company. The
authorisation must be signed before a Notary Public or other person before whom a statutory declaration may be
made under the law of the State where it is executed.

¹ Delete ‘I’ or ‘We’ as appropriate.
² State full name and registered office address of company or residential address of individual.
³ State full name of agent.
⁴ State full business address of agent.
⁵Check appropriate box and insert trade mark details or in the case of a registered mark, the registration number.
⁶ State nationality of applicant, e.g. a corporation organised and existing under the laws of [State].
⁷ To be signed by person or authorised officer of the company appointing the agent .

FORM 3

(regulation 22)

REQUEST TO DIVIDE AN APPLICATION ((Trade Marks Act 2003: Part 4)

1. Give details of application to be divided
2. Is this request to divide the specification of goods or services?
3. If this request is to divide an application into more than two parts, indicate how many parts you want it divided into.
4. Full name and address of applicant
5. Full name and address of agent
6. Signature Date	/ / Day Month Year
7. State number of sheets attached to this form

NOTE: List on a separate sheet (a) the goods or services by class number to be removed to a divisional application and (b) representation of the marks which will form part of a divisional application.

You cannot divide a registered trademark.

FORM 4

(regulations 24 (2); 57)

NOTICE OF OPPOSITION TO REGISTRATION/REMOVAL OF TRADE MARK

(Trade Marks Act 2003: Sections 33(2) & 76)

Number of the application against which opposition is lodged. Class(es)
Please give details of the Publication in which the application was advertised.

Publication Details
/ /
day month year

Publication Name, Vol. No., Issue No.

Full name and address of opponent
Grounds of Opposition to Registration/Removal:

(Name) (Address)

5.: Agent’s details

FORM 5

(regulation 40(6))

NOTICE OF ATTENDANCE (Trade Marks Act 2003: Section 35)

OPPOSITION HEARING

To: Registrar, Commerce & Intellectual Property

Take notice that _________________________________________ ¹ acting by his agent

intends to appear in opposition proceedings relating to trade mark application (number).

Dated this day of , 20 .

Signature of Agent

¹ State name of opponent or applicant as applicable ² State name and address of agent

FORM 6

(regulation 108(2))

REQUEST FOR CORRECTION OF CLERICAL ERROR, OR AMENDMENT OF APPLICATION OF REGISTRATION OF TRADEMARK AND OTHER DOCUMENTS

(Trade Marks Act 2003: Sections 43-46)

Application Number or Registration Number (if applicable)
Is the application in relation to ¹A trademark application Other document

Full name and address of applicant for registration or registered proprietor Name:
Address:

Details to be amended or corrected:

Agent's details Name:
Address:

Signature Date

¹Tick appropriate box

Agent day month year

FORM 7

(regulation 50(2))

REQUEST FOR THE RENEWAL OF A TRADEMARK (Trade Marks Act 2003: Section 55)

Indication that a renewal is sought The renewal of the registration identified in the present request is hereby requested.
Registration Concerned Registration Number:
Proprietor Name: Address:
Agent Name: Address: Date: / /

day month year

Signature:

Agent

FORM 8

(regulation 108 (3))

APPLICATION FOR THE CANCELLATION OR AMENDMENT OF REGISTRATION OF A TRADE MARK ON THE REGISTER

(Trade Marks Act 2003: Sections 61-64)

Registration Number(s) and Class number(s) of the marks for which cancellation or amendment is sought
Full name of registered proprietor

Is this application for amendment or cancellation of a mark?¹
Amendment
Cancellation

Details to be amended

5.	Agent’s details Name Address
Signature		Date
Agent		Day	Month	Year

¹Tick the appropriate box

FORM 9

(regulation 55)

APPLICATION FOR THE REMOVAL OF A TRADEMARK FROM THE REGISTER (Trade Marks Act 2003: Sections 72)

Registration Number (s) and Class number(s) of the marks for which removal is sought
Full name of registered proprietor
Is this application for removal of a mark in respect of?¹All goods / services Some goods / services²in respect of which the trademark is registered
Grounds for the Removal applied for
Agents details Name Address

¹Tick the appropriate box ² List goods/services for which removal of trademark is sought

Signature: Date Agent Day Month Year

FORM 10

(regulation 59)

APPLICATION FOR RECORDING OF ASSIGNMENT OR TRANSMISSION OF TRADE MARK

(Trade Marks Act 2003: Sections 87-89)

Registration number(s), Application number(s) and Class number(s) of the trade marks
concerned and the goods and services for which the trade mark(s) have been used:
Registration No./Application No. Class No.
Goods or services for which the trade mark has been used and is assigned.

Full name of current Registered Owner (Assignor) Name: Address:
Full name and address of assignee Name: Address:
Date of Assignment / /

Is the applicant the Current registered proprietor (Assignor)
or Assignee

Certified copy of evidence of assignment or transmission of trade mark is attached ¹Yes
No

¹Tick appropriate box

Agent's Details Name: Address:
Signature Date

/ /

Agent Day Month Year

FORM 11

(regulation 108 (4))

APPLICATION TO RECORD CLAIMS TO INTEREST IN AND RIGHTS IN RESPECT OF A TRADE MARK

(Trade Marks Act 2003: Section 111(1))

Trade mark Concerned Class No. Trade Mark No.
Applicant’s Details

(Name)

(Address)

(Agent)

3. Registered Owner

(Name)

(Agent)

4.	Particulars of claims to interest in, or to right on respect of trademark
5.	Signature	Date
		DayDay	Month Month	Year Year

FORM 12

(regulations 67; 108 (5))

NOTICE OF OBJECTION TO IMPORTATION (Trade Marks Act 2003: Section 111(1))

TO: Comptroller of Customs & Excise I/We¹

of ²

being the registered owner/authorised user³ of the trademark(s) mentioned in the schedule to this Notice under the Trade Marks Act 2003 object to the importation into Saint Vincent and the Grenadines of any goods made outside of Saint Vincent and the Grenadines being goods which section 112 of the Trade Marks Act 2003 applies and which infringe the trademark.

I/We hereby give to the Comptroller of Customs and Excise, and his agents, for the purposes of section 112(3) of the Trade Marks Act 2003 security in the amount of⁴ in respect of any liability or expenses that may be incurred by the Comptroller and his agents as a result of seizure under section 112 of the Trade Marks Act 2003 of any goods to which this notice relates.

Dated:

Day Month Year

Signature: ____________________________________

Name of Agent:

Address:

Contact No.:

¹Delete the appropriate one ²State address ³Delete as appropriate ⁴State amount of security given

FORM 13

(regulation 108 (6))

REVOCATION OF NOTICE OF OBJECTION TO IMPORTATION (Trade Marks Act 2003: Section 111(5))

To: Comptroller of Customs & Excise

Re: Notified trade mark(s)¹

Pursuant to notice dated:

Day Month Year

I/We²

of³

being the registered owner/authorised user⁴ named in the above notice hereby revokes the said notice in relation to the above mentioned trade mark(s)

Dated: day month year

Signature: ____________________________________ Name of Agent:

Address:

Contact No.:

¹State registration number(s) and names of trade mark(s) ²Delete as appropriate and state full name of company or individual ³ State address ⁴Delete as appropriate

FORM 14

(regulation 108 (7))

APPLICATION FOR EXTENSION OF TIME IN WHICH TO BRING ACTION (Trade Marks Act 2003: Section 116(1)(b))

To: The Comptroller of Customs and Excise

Re: Notified Trade Mark

Pursuant to notice of objection to importation dated DD MM YY I/We¹

of²

being the objector(s) in relation to goods seized pursuant to notice of the Comptroller of Customs and Excise dated DD MMYY

hereby request an extension of time for a period days in which to bring the action with respect to the infringement of the notified trademark(s). The reason for this request is stated hereunder:³

Dated: Day Month Year Signature: _______________________________ Name of Agent:

Address:

Contact No.:

¹Delete as appropriate and state full name of company or individual ²State address ³Give full explanation

FORM 15

(regulations 108(8))

NOTICE OF SEIZURE OF INFRINGING GOODS (Trade Marks Act 2003: Section 113 (a))

To:

(Designated owner)

Notice is hereby given that the undermentioned goods have been seized under Section 116 of the Trade Marks Act 2003.

Dated: / / Day Month Year

Signature:

Comptroller of Customs and Excise

FORM 16

(regulation 108(9))

NOTICE OF SEIZURE OF INFRINGING GOODS (Trade Marks Act 2003: Section 113 (b))

To:

(Objector)
Notice is hereby given that the undermentioned goods have been seized under Section 112 of the
Trade Marks Act 2003.
The designated owner(s) of the goods is/are

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 116(1)(a) of the Trade Marks Act 2003 within 1 month from the date of this notice or if the period of notice has been extended under section 116 (1)(b) the extended period.

Dated: ____________/__________/_____________ Day Month Year

Signature:

Comptroller of Customs and Excise

FORM 17

(regulation 108(10))

NOTICE OF CONSENT TO GOODS BEING FORFEITED TO THE CROWN (Trade Marks Act 2003: Section 114)

To: The Comptroller of Customs and Excise I/We⁸

of ⁹

the designated owner(s) of goods seized pursuant to notice of the Comptroller of Customs and Excise dated

dd mm yy

hereby consent to the goods mentioned in the above notice being forfeited to the Crown.

Dated: ____________/__________/_____________ Day Month Year

Signature: _______________________________

Name of Agent: Address:

Contact No.:

⁸Delete as appropriate and state full name of company or individual ⁹State address

FORM 18

(regulation 108 (11))

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

(Trade Marks Act 2003: Section 115 (2))

To: The Comptroller of Customs and Excise

I/We¹

of²

being the objector(s) in relation to goods seized pursuant to notice of the Comptroller of Customs and Excise dated / /

DDMM YY

hereby consent to the goods mentioned in the above notice /the goods listed hereunder³to be released to the designated owner

Dated: ____________/__________/_____________ Day Month Year

Signature: _______________________________

Name of Agent:

Address:

Contact No.:

FORM 19

¹Delete as appropriate and state the full name of company or individual ²State address ³ If the notice of consent relates to only some of the goods seized and listed in the Notice of the Comptroller, list those goods to which the notice of consent applies.

NOTICE OF ACTION FOR INFRINGEMENT OF NOTIFIED TRADE MARK (Trade Marks Act 2003: Section 116(1))

To: The Comptroller of Customs and Excise Re: Notified trade mark(s)¹Pursuant to notice dated / /

DDMM YY I/We²

of³

being the objector(s) in relation to goods seized pursuant to notice of the Comptroller of Customs and Excise dated / / hereby give DD MM YY

notice that action no. has been commenced on / / in⁴with respect to the infringement of the notified mark.

Dated: / / Day Month Year

Signature: _______________________________
Name of Agent:
Address:

Contact No.:

Insert registration number(s) and names

Delete as appropriate and state full name of company or individual

State address

Insert the full name and jurisdiction in which the action has been commenced

FORM 20

(Regulation 108 (13))

APPLICATION FOR CONSENT TO ASSIGNMENT OF CERTIFICATION TRADEMARK (Trade Marks Act 2003: Section 149)

To: Commerce & Intellectual Property Office

Registration No: Class:
Registered owner:

(Name)

(Address)

Agent

(Name)

4.: Assignee

FORM 21

(regulation 86)

REQUEST FOR CHANGE OF ADDRESS IN THE REGISTER OF TRADE MARKS (Trade Marks Act 2003: Section 176)

Trade mark reference^¹Registration number Class (es)
Full name of Registered Owner or Authorised User currently on Register Name: Address:
New Address to be entered on Register New Address:
Agent's Name: Address:
Signature Date

¹ Additional marks may be listed as necessary.

Agent Day Month Year

FORM 22

(regulation 108(4))

REQUEST TO ENTER CHANGE OF NAME OF REGISTERED OWNER OR AUTHORISED USER OF A TRADE MARK IN THE REGISTER

(Trade Marks Act 2003: Section 177)

Trade mark reference^¹Registration number Class(es)

Is the name to be changed that of the registered proprietor or registered user of the mark(s) above²
Registered owner
Authorised user

Give full name(s) of registered proprietor or registered user at present on the Register
New name to be entered on the Register

Certified copy of evidence of change of name is attached2 Yes No Agent’s details Name:
Address:
Signature:	Date
Agent		Day	Month	Year

¹Additional marks may be listed as necessary. ²Tick appropriate box

FORM 23

(regulation 100)

REQUEST FOR EXTENSION OF TIME (Trade Marks Act 2003: Section 185)

To: Registrar, Commerce and Intellectual Property Office

Application number:	Date:
Class(es):
Dear Sir/Madam
An extension of time is requested for months from the above application in order to deal with outstanding matters. is/are as follows:		to in respect of The reason(s) for the request

Yours faithfully

Agent

For official use only

To:

Application number: Class(es):
Applicant’s name:

Dear Sirs
Your request for an extension of time has been granted from to .

Yours faithfully

......................................... Registrar Commerce and Intellectual Property Office

FORM 24

(Regulation 95)

REQUEST TO THE REGISTRAR FOR A STATEMENT OF GROUNDS OF DECISION (Trade Marks Act 2003)

Give details of the application or registration number(s) Class (es)
Date of Registrar’s decision
Agent’s Details

(Name)

/ / dd mm yy

Signature

FORM 25

(regulation 87(1))

APPLICATION FOR AN AWARD OF COSTS (Trade Marks Act 2003: Section 182)

1. Applicant:

(Name)

(Address)

Application is being made for costs in relation to the following proceedings:
Registration number(s) of trade marks to which proceedings relate:

						(Registration number)
4.	Signature
	Dated:	Day	/	/ Month	Year

Signature:

(Agent)

FORM 26

(Regulation 90)

REQUEST FOR HEARING (Trade Marks Act 2003)

I/We¹ hereby request a hearing by the Registrar in relation to (the following proceedings)² in respect of Registration number

Agent’s Details

(Name)

(Address)

Dated:

DD MMYY

Signature:

Agent

To: Registrar, Commerce and Intellectual Property Office

¹Delete the appropriate one ²Identify proceeding specifically

FORM 27

(Regulation 108 (15))

CERTIFICATE OF REGISTRATION OF TRADE MARK (Trade Marks Act 2003)

Trade mark no:
Date filed:
Registration renewal date:

To:

I, Registrar of the Commerce and Intellectual Property Office of Saint Vincent and the Grenadines hereby certify that the above trade mark/certification trade mark/collective trade mark/defensive trade mark has been registered in your name in respect of the following class(es) of goods and/or services for a period of 10 years from the day of , 20 and may be renewed at the expiration of that period and each succeeding period of 10 years.

Class: Goods/services:

WITNESS my hand this day of 20 .

…………....………………………………………… Registrar Commerce and Intellectual Property Office

FORM 28

(regulation 108 (16))

NOTIFICATION OF AMENDMENT

(Trade Marks Act 2003: Part 11)

To:

TAKE NOTICE that the following amendment has been made to Application No./Trade mark No.

[Details of Amendment Made]

Dated this day of 20 .

…………………………………………… Registrar Commerce & Intellectual Property Office

FORM 29

(regulation 108 (17))

CERTIFICATE OF RENEWAL OF REGISTRATION OF TRADE MARK (Trade Marks Act 2003: Part 11)

To:

I, , Registrar of the Commerce and Intellectual
Property Office of Saint Vincent and the Grenadines, do hereby CERTIFY that by virtue

of an application filed on the				day of	20	Registered		Trade
Mark No.	of		has been renewed for a period		of 10 years f	rom the	day of
	20	.

Next renewal date:

Class(es)

WITNESS my hand this day of 20 .

..…………………….…………………………..… Registrar Commerce and Intellectual Property Office

FORM 30

(Regulation 108(19))

REQUEST FOR CERTIFICATE OF THE REGISTRAR
IN RELATION TO AN ENTRY, MATTER OR THING

IN THE MATTER OF¹ (e.g. an application for change of name)

I/We hereby (insert name and address)

request the Registrar to furnish me/us with ²

Dated this day of 20

Signature

Address

These words may be altered to suit the circumstances
Here set out the particulars that the Registrar is required to certify.
Signature(s) with full names typed below.
Address

To: The Registrar Commerce and Intellectual Property Office Saint Vincent and The Grenadines

Made this 5^th day of May, 2004

DR. HON. RALPH E.GONSALVES Prime Minister, Minister of Finance, Planning, Legal Affairs, Labour, Information, Grenadines Affairs, Crown Lands, Surveys and Postal Services

Reglamento sobre Marcas de Comercio de 2004, San Vicente y las Granadinas

Documentos disponibles

REGULATION PART I PRELIMINARY

PART 2 TRADE MARKS AND TRADE MARK RIGHTS

PART 3 APPLICATION FOR REGISTRATION

PART 4 OPPOSITION TO REGISTRATION

PART 6 REGISTRATION OF TRADE MARKS

PART 7 AMENDMENT AND CANCELLATION OF REGISTRATION

PART 8 REMOVAL OF TRADE MARK FROM REGISTER FOR NON-USE

PART 9 ASSIGNMENT AND TRANSMISSION OF TRADE MARKS

PART 10 VOLUNTARY RECORDING OF CLAIMS TO INTERESTS IN AND RIGHTS IN RESPECT OF TRADE MARKS

PART 11 IMPORTATION OF GOODS INFRINGING VINCENTIAN TRADE MARKS

PART 12 CERTIFICATION TRADE MARKS

PART 13 DEFENSIVE TRADE MARKS

PART 14 ADMINISTRATION

PART 15 MISCELLANEOUS

SAINT VINCENT AND THE GRENADINES STATUTORY RULES AND ORDERS

TRADE MARK REGULATIONS, 2004 PART I PRELIMINARY

ADMINISTRATION

SIGNS THAT SHALL NOT BE REGISTERED AS TRADE MARKS

SCHEDULE 2

A. PRESCRIBED PERSONS AND PUBLIC OFFICERS

B. PRESCRIBED CLASSES OR PERSONS AND PUBLIC OFFICERS

SCHEDULE 3

FORM OF DOCUMENTS

Column 2

Item

EXPENSES AND ALLOWANCES

EXPENSES

ALLOWANCES

SCHEDULE 5

ITEM MATTER

SCHEDULE 6

APPLICATION FOR REGISTRATION OF A TRADE MARK (reproduction of mark should not exceed 8cm x 8cm or 3in x 3in)

FORM 2

AUTHORISATION OF AGENT

(Trade Marks Act 2003: Section 174)

FORM 3

FORM 4

(Trade Marks Act 2003: Sections 33(2) & 76)

FORM 5

FORM 6

(Trade Marks Act 2003: Sections 43-46)

FORM 7

REQUEST FOR THE RENEWAL OF A TRADEMARK (Trade Marks Act 2003: Section 55)

FORM 8

(Trade Marks Act 2003: Sections 61-64)

FORM 9

APPLICATION FOR THE REMOVAL OF A TRADEMARK FROM THE REGISTER (Trade Marks Act 2003: Sections 72)

FORM 10

(Trade Marks Act 2003: Sections 87-89)

FORM 11

APPLICATION TO RECORD CLAIMS TO INTEREST IN AND RIGHTS IN RESPECT OF A TRADE MARK

FORM 12

NOTICE OF OBJECTION TO IMPORTATION (Trade Marks Act 2003: Section 111(1))

FORM 13

REVOCATION OF NOTICE OF OBJECTION TO IMPORTATION (Trade Marks Act 2003: Section 111(5))

FORM 14

APPLICATION FOR EXTENSION OF TIME IN WHICH TO BRING ACTION (Trade Marks Act 2003: Section 116(1)(b))

FORM 15

NOTICE OF SEIZURE OF INFRINGING GOODS (Trade Marks Act 2003: Section 113 (a))

FORM 16

NOTICE OF SEIZURE OF INFRINGING GOODS (Trade Marks Act 2003: Section 113 (b))

FORM 17

NOTICE OF CONSENT TO GOODS BEING FORFEITED TO THE CROWN (Trade Marks Act 2003: Section 114)

FORM 18

(Trade Marks Act 2003: Section 115 (2))

NOTICE OF ACTION FOR INFRINGEMENT OF NOTIFIED TRADE MARK (Trade Marks Act 2003: Section 116(1))

FORM 20

APPLICATION FOR CONSENT TO ASSIGNMENT OF CERTIFICATION TRADEMARK (Trade Marks Act 2003: Section 149)

FORM 21

REQUEST FOR CHANGE OF ADDRESS IN THE REGISTER OF TRADE MARKS (Trade Marks Act 2003: Section 176)

(Trade Marks Act 2003: Section 177)

FORM 23

REQUEST FOR EXTENSION OF TIME (Trade Marks Act 2003: Section 185)

For official use only

FORM 24

REQUEST TO THE REGISTRAR FOR A STATEMENT OF GROUNDS OF DECISION (Trade Marks Act 2003)

FORM 25

APPLICATION FOR AN AWARD OF COSTS (Trade Marks Act 2003: Section 182)

PART 4
OPPOSITION TO REGISTRATION

PART 10
VOLUNTARY RECORDING OF CLAIMS TO INTERESTS IN AND
RIGHTS IN RESPECT OF TRADE MARKS

PART 12
CERTIFICATION TRADE MARKS

PART 13
DEFENSIVE TRADE MARKS

PART 14
ADMINISTRATION

PART 15
MISCELLANEOUS

SAINT VINCENT AND THE GRENADINES
STATUTORY RULES AND ORDERS

TRADE MARK REGULATIONS, 2004
PART I
PRELIMINARY

SIGNS THAT SHALL NOT BE REGISTERED
AS TRADE MARKS

REQUEST FOR CERTIFICATE OF THE REGISTRAR
IN RELATION TO AN ENTRY, MATTER OR THING