431
GOVERNMENT OF ZAMBIA
STATUTORY INSTRUMENT No. 148 OF 1990
The Trade Marks Act (Laws, Volume XIV, Cap. 693)
The Trade Marks (Amendment) Regulations, 1990
IN EXERCISE of the powers contained in section eighty-one of the Trade Marks Act, the following Regulations are hereby made:
1. (1) These Regulations may be cited as the Trade Marks (Amendment) Regulations, 1990, and shall be read as one with the Trade Marks Regulations in these Regulations referred to as the principal Regulations.
(2) These Regulations shall only apply to business conducted after the publication of these Regulations.
2. The principal Regulations are amended by the deletion of the First Schedule and the substitution therefor of the Schedule contained in the Appendix to these Regulations.
APPENDIX
(Regulation 2)
riR~ -sc:FJ""F,mrr;E ~ion~
r.r~~ FEEs PAYAlILE TO THE REGISTRAR OF ~
| Amouni | Ooi-ruPo'nding | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Item | Matter or Proceeding | K | Form | |||||||||||||
| 1. | (a) On application not otherwise charged | |||||||||||||||
| to register a trade mark for a specifl | ||||||||||||||||
| cation of goods included in one class. • | 1,824 | 2 | ||||||||||||||
| (b) On application to register | a | series | of | |||||||||||||
| trade marks under subsection | (2) of | |||||||||||||||
| section 26 for a specification of goods | ||||||||||||||||
| included in one class | ., | 1,824 | 2 | |||||||||||||
| (0) | On application to register a defensive | |||||||||||||||
| trade mark for a specification of goods | ||||||||||||||||
| included in one class | •. | 1,824 | 33 | |||||||||||||
| (d) On | application | under | section | 42 | to | |||||||||||
| register a certification trade mark for a | ||||||||||||||||
| specification of goods included in class | one | 1,824 | 6 | |||||||||||||
Title and applications
Cap. 693,
p.61
Amendment of principal Regulation
Oopiee oj thia Statutory Instrument can be. obtained from the Government Printer,
P.O. Bo:r; 30136, 10100, Lusaka. Price K4.00 each.
Item Matter or Proceeding
(e) 'On application made at the same time un~er section 42 to register one certificanon trade mark for specifications of goods not at all included in one class in respect of every class ., . . . . Total fee in no case to exceed K21,840
(US $1,040) for any number of classes
- On a request to the Registrar to state grounds of decision relating to an application to register a trade mark and materials used
- (a) On notice of opposition before the Registrar under section 23, for each application opposed by opponent
- On lodging a counter-statement in answer to a notice of opposition under section 23, for each application opposed, by the applicant; or in answer to an application under any of the sections, 31, 32, 37 and 38, by the proprietor in respect of each trade mark; or in answer to a notice of opposition under section 40 or 41, for each application or conversion opposed, by the proprietor
- On the hearing of each opposition under section 23, by the applicant and by the opponent respectively; or on the hearing of an application under any of the sections 31, 32, 37 and 38, by the applicant and by the proprietor respectively; or on the hearing of an opposition under section 40 or 41 by the proprietor and by the opponent respectively
(Il) On notice of opposition before the Registrar under paragraph 2 of the Schedule to the Act, for each application opposed, by the opponent
- (e)
- On lodging a counter·statement in answer to a notice of opposition before the Registrar under paragraph 2 of the Schedule to the Act, for each spplicetion opposed, by the applicant
- (J)
- On the hearing of each opposition before the Registrar under paragraph 2 of the Schedule to the Act, by the applicant and by the opponent, respec
tively
4. (a) For one registration ofa trade mark not
otherwise charged for a specification of goods included in one class
(b) For oneregistrationofa seriesoftrade marks under subsection (2) of section 26 of a specification of goods included
in one class-For the first mark And for every other mark of the series.
Amount
K
1,824
2,528
896
544
896
896
544
544
2,528
2,528 64
Oorruponding
Form
5
4
6
7
8
37
38
39 10
10 10
Item M after or"Proceeding
- (c)
- For registration under section 42 of a certification trade mark for a specification of goods included in one class
- (d)
- For registration upon applications made at the same time of one certifi. cation trade mark under section 42. for specifications of goods not all included in one class-
In respect of every class Total fee in no case to exceed Kl,OOO for any number of classes.
(e) For one registration of a defensive trade mark for 8 specification of goods included in one class
5. (a) Upon each addition to the registered entry of a trade mark of a note that the mark is associated with a newly registered mark
(b) On an application to dissolve the association between registered trade marks
6. (a) On application to register a registered user of a registered trade mark in respect of goods within the specification thereof ..
(b) On application to register the same registered user of more than one registered trade mark of the same registered proprietor in respect of
goods within the respective specifications thereof and subject to the same conditions and restrictions in each case-
For the first mark
And for every other mark of the proprietorincluded in the application and statement of case
- (c)
- On application by the proprietor of a single trade mark, under paragraph (a) of subsection (8) of section 33, to vary the entry of a registered user thereof . .
- (d)
- On application by the proprietor of more than one trade mark, under paragraph (a) of subsection (8) ofsection 33, to vary the entries of a registered user thereof-
For the first mark
And for every other mark of the proprietor for which the same user is registered, included in the application
(e) On application by the proprietor or registered user of a single trade mark, under paragraph (b) of subsection (8) of section 33, for cancellation of the entry of [L registered user thereof
Amount
K
2,528
2,528
2,528
64
48
1,440
1,440 128
1,024
1,440 64
1,024
Oorreaponding
Fonn
10
10
10
10
20
50
50 50
51
51 51
52
Item Matter or Proceeding
(f) On application by the proprietor or registered user of more than one trade mark, under paragraph (b) of sub. section (8) ofsection 33, for cancellation of the entries of a registered user thereof-
For the first mark
And for every other mark of the pro. prietor for which the same user is registered, included in the application
- (g)
- On application under paragraph (c) of subsection (8) of section 33, to cancel the entry of a registered user of a single trade mark
- (h)
- On application, under paragraph (c) of subsection (8) of section 33, to cancel the entries of a registered user of more than one trade mark-
For the first mark
And for every other mark of the same proprietor for which the same user is registered included in the application
(i) On notice, under subsection (9) of section 33 and regulation 101, of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of trade marks
7. (a) On request to enter in the register and advertise a certificate of validity, under section 58 and regulation 88
For the first registration certified
And for every other registration certified in the same certificate ..
(b) On application under subsection (3) of section 34 and regulation 76, for extension of time for registering corporation as subsequent proprietor of trade marks on one assignment-
Not exceeding two months
Not exceeding four months
Not exceeding six months
8. (a) On application for certificate of the Registrar, under subsection (6) of section 27 and regulation 79
For the first mark proposed to be
assigned And for every other mark of the same proprietorincluded inthat assignment
(b) On application for approval of the Registrar, "under subsection (6) of section 27 and regulation 79
For the first mark
And for every other mark of the same proprietor included in the same transfer
Amounl
K
1,024
64
1,024
1,024
64
800
64
16
352 544 672
544
64
544
64
Correaponding
Form
52
64
53
53 53
54
49
15 15 15
40 40
41 41
Item Matt~r or Proceeding
(c) On application for directions by the Registrar for advertisement of assignment of trade marks in use, without goodwill-
For one mark assigned And for every other mark assigned with the same devolution of title
(dl On application for extension of time for applying for directions for advertisement of assignment of trade marks in use, without goodwill, in respect of one devolution of title-
Not exceeding one month Not exceeding two months Not exceeding three months
9. (a) On application to register a subsequent proprietor in a case of assignment or transmission ofa single trade markIf made within six months from the
date ofacquisition of proprietorship
If made after the expiration of six months but within twelve months from the date of acquisition of proprietorship
If made after the expiration of twelve months from the date of acquisition ofproprietorship or 1st April, 1958
(b) On application to register a subsequent proprietor of more than one trade mark standing in the same name, the devolution of title being the same in each case-
If made within six months from the date of acquisition of proprietorship or 1st April, 1958
For the first mark
And for every other mark
If made after the expiration of six months but within twelve from the date of acquisitionof proprietorship-
For the first mark
And for every other mark
10. (a) On application to change the name or description of a proprietor or a registered user of a single trade mark where there has been no change in the proprietorship or in the identity of the
user
(b) On application to change the name or description of a proprietor or a registered user of more than one trade mark standing in the same name, where there has been no change in the proprietorship or in the identity of the user,the change being the same in each
case-
For the first mark And for every other mark
Amount
K
544
64
544
672
800
544
672
800
544
64
672
64
544 64
Corresponding Form
42
43
43
43
16or 17
16or 17
16or 17
16 or 17
16or 17
22
22
Item Mauer or Proceeding
11. (a) For renewal of registration of a trade I?ark at the expiration of last registrataon .0
(b) For renewal of registration of a series of trade marks under subsection (2) of section 26 at the expiration of last registration-
For the first mark of the series
00
And for every other mark of the series
- (c)
- For renewal of registration of the same certification trade mark with the same date for goods in more than one class .. In respect of every class .. Total fee in no case to exceed 1,460 for any number of classes.
- (d)
- Additional fee under regulation 67
- (e)
- Restoration fee under regulation 68
12. (a) On application to the Registrar for leave to add to, or alter, a single registered mark
- (b)
- On application to the Registrar for leave to add to, or alter, more than one registered trade mark of the same proprietor, being indentical marks, the addition or alteration to be made, in each case, being the same- For the first mark And for every other mark
- (c)
- On notice of opposition to application for leave to add to, or alter, registered trade marks, for each application opposed ..
- For altering one or more entries of the trade or business address or address for service of a registered proprietor or a registered user of a trade mark where the address in each case is the same and is altered in the the same way (unless exempted from free under regulation 81)
- For the first entry And for every other entry
- For every entry in the regis~er of a :r:ectifi.
- cation thereof or an alteratIOn therein, not otherwise charged
- For cancelling the entry of a. tra.de mark upon the register on the application ofthe registered proprietor of the trade mark
- (a) On application under any of tohe sections 31, 32, 37 and 38, for reetiflcation of the register or removal of trade mark from the register ., ..
(b) On application for leave to intervenoe in proceedings under any of the sections 31,32,37 and 38, for rectification of the register or removal of a trade mark
from the register
Amount
K
4,736
4,736 64
4,736 2,000
80 176
176
192
208
176 64 544 16
64
Oorr68pondirag
Form
12
12
12
13 14
26
26
47
19
48 23
27
21
Item Matter.or Proceeding
17. (a) On application for correction of one clerical error or affecting one amendment in one document before registration of any matter
- (b)
- On application for correction of clerical errors after registration of any matter in respect of each trade mark ..
- (e)
- On application for amendment of trade before advertisement, in respect of each application
- On request by registered proprietor of a trade mark for entry of disclaimer or memorandum in the register
- (a) On application to the Registrar under regulation 93 to expunge or vary the registration of a certification trade mark or to vary the deposited regula. tions or a certification trade mark Or certification trade marks of the same registered proprietor where the regula. tions are substantially the same
(b) On request to the Registrar by the registered proprietor of a certification trade mark to permit alteration of the deposited regulations thereof-For the regulation of one such registra
tion
For the same or substantially the same regulations ofeach other registration proposed to be altered in the same way and included in the request ..
20. (a) On application by registered proprietor under regulation 6, for conversion of specification
(b) On notice of opposition to a conversion of the specification or specifioations of a registered trade mark or registered trade marks-For one mark .. For every other mark of the same pro
prietor having the same speoification
- Notice to Registrar that notice of appeal has been filed with the Registrar of the Tribunal
- For each search under regulation 113 in respect of one clas&Without application for Registrar's advise under regulation 20 ..
- With application for Registrar's advice under regulation 20 ..
- On request for the Registrar's preliminary advice under regulation 20, for each trade mark submitted in respect of one class
- For certificate of the Registrar (other than certificate under subsection (2) of section
(24) relating to the registration of a trade mark
A17lO'Unt
K
544
672
672
352
288
288
64
32
208 16
208
288
288
64
64
Oorresporuiinq
Form
21
21
21
25
36
35
45
46
3
29 29
30
32
| lIe'll) | Mauer or Proceeding | Amount K | Oorr68ponding Form No. | ||||
|---|---|---|---|---|---|---|---|
| 25. For certificate of the Registrar (other than certificate under subsection (2) of section (24) relating to the registration of a series of trade marks under subsection (2) of section 26 .. | 64 | 32 | |||||
| 26. (a) For permission to search in documents-For each file searched .. | files and | 32 | |||||
| (b) For permission volume " | to | search register per | 64 | ||||
| 27. For permission to search amongst the classified representations or scrap books of trade marks per volume | 32 | ||||||
| 28. For typewritten copy of any document, for every 100 word, .. | 4 | ||||||
| 29. For photographic copy of documents drawings, per sheet | or | 4 | |||||
| 30. For certifying office copies, MSS, or photographic or printed matters-Under seal Other | 32 8 | ||||||
| 31. On every authorisation ofan agent | 480 | ||||||
For the purpose of these fees (except as specially provided above) every mark of a series under section 26, or any preceeding similar enactment, shall be deemed to be a mark separately registered.
R. M. CHaNGO,
LUSAKA Minister of Commerce and Industry 22nd October, 1990 [PT:M:D.104/1/3/3]