Règlement sur les marques, Bahamas

CHAPTER 322

TRADE MARKS

TRADE MARKS RULES

(SECTION 56(1))

[Commencement 23rd October, 1948]

PART I PRELIMINARY

1. These Rules may be cited as the Trade Marks Rules.
2. In the construction of these Rules any wordsherein used the meaning of which is defined by the said Act or the Interpretation Act, shall have the meanings thereby assigned to them respectively and —

“agent” means an agent duly authorised to the satisfaction of the Registrar;

“declaration” means a declaration under the Oaths Act;

“office” means the office for the time being of the Registrar General, Nassau, Bahamas.

1. Any fee required to be paid in connection with applications, registration and other matters under the Actshall be paid before or at the time of the doing of thematter in respect of which they are to be paid.
2. The forms herein referred to are the forms contained in the First Schedule to these Rules and such forms shall be used in all cases to which they areapplicable, and shall be modified as directed by theRegistrar to meet other cases.
3. For the purposes of trade marks registration and of these Rules goods are classified in the manner appearing in the Second Schedule hereto.

G.N.

175/1948

G.N.

101/1953

G.N.

258/1953

G.N.

129/1954

G.N.

182/1960

S.I.

50/1967

S.I.

4/1982

S.I.

71/1983

S.I.

72/1983 5 of 1987

Title.

Interpretation.

Ch. 2.

Ch. 60.

Time for payment of fees.

S.I. 71/1983, r. 2.

Forms. First Schedule.

S.I. 71/1983, r. 3.

Classification of goods.

S.I. 71/1983, r. 3.

Second Schedule.

Documents to be on foolscap paper.

Sending documents through the post.

Address.

If any doubt arises as to what class any particulardescription of goods belongs, the doubt shall be determined by the Registrar.

1. Subject to any other directions that may be given by the Registrar, all applications, notices, counter-statements, papers having representations affixed, or other documents required by the said Act or by these Rules to be left with or sent to the Registrar shall be upon foolscappaper of a size approximately thirteen inches by eight inches, and shall have on the left hand part thereof amargin of not less than one inch and a half.
2. Any application, statement, notice, or other document authorised or required to be left, made or given at the office, or to or with the Registrar, or with or to any other person may be sent through the post by a prepaid or official-paid letter; any document so sent shall be deemed to have been delivered at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service or sending, itshall be sufficient to prove that the letter was properlyaddressed and put into the post. A letter addressed to a registered proprietor of a trade mark at his address as it appears on the register, or address for service, or to anyapplicant for or person opposing the registration of a trademark at the address appearing in the application, or noticeof opposition or given for service as hereinafter provided shall be deemed to be sufficiently addressed.
3. Where any person is by the said Act or theseRules bound to furnish the Registrar with an address thefollowing provisions shall apply —

The address given shall in all cases be as full aspossible for the purpose of enabling any person easily to find the place of business of the person whose address is given.

When a person does not reside in a town with streets, the Registrar may require the address to include all indications which he thinks necessary for such purpose sofar as it can be attained.

When an applicant resides in a town where there are streets, the address given shall include the name of thestreet, and the number in the street or name of premises, if any.

1. Every applicant for the registration of any trade mark and every opponent to such registration, and every agent who does not reside or carry on business in TheBahamas shall, if so required, give an address for service in The Bahamas, and such address may be treated as the actual address of such applicant, opponent, or agent for allpurposes connected with such application for registration or the opposition thereto.
2. The Registrar may require the proprietor of aregistered trade mark who does not reside or carry on business within The Bahamas to give an address for service within The Bahamas, and such address may be treated asthe actual address of the proprietor for all purposesconnected with such trade mark.
1. An application for registration and an oppositionto registration and all other communications between an applicant, and opponent and the Registrar, or theMinister, and between the proprietor of a registered trade mark and the Registrar, or the Minister, or any other person, may be made by or through an agent. Any such applicant, opponent, or proprietor may appoint an agent torepresent him in the matter of the trade mark by signing and sending to the Registrar an authority in writing to that effect (Form No. 1.) or in such other form as the Registrarmay deem sufficient. In case any proprietor of a registeredtrade mark shall appoint such an agent, service upon such agent of any document relating to such trade mark shall be deemed to be service upon the person so appointing him,and all communications directed to be made to such person in respect of such trade mark may be addressed to such agent.

The Registrar shall not be bound to recognise as suchagent any person who has been convicted criminally or struck off the roll of counsel and attorneys or who is anundischarged bankrupt.

PART II RESTRICTION ON REGISTRATION

11. The Registrar may refuse to accept any application upon which the following appear —

Address within The Bahamas.

Agents.

Form 1.

Registrable trade marks.

Features prohibited.

S.I. 50/1967.

Use of arms of foreign state.

(a)

the words “Patent”, “Patented” or “By RoyalLetters Patent”, “Registered”, “Registered Design”, “Copyright”, “Entered at Stationer’s Hall”, “To counterfeit this is forgery”, or wordsto like effect;

(b)

representations of Their Majesties or anymember of the Royal Family.

12. The following features may not appear on trade marks the registration of which is applied for —

(a)

representations of the Royal arms, crests, armorial bearings or insignia or devices so nearlyresembling any of the foregoing as to be likely to be mistaken for them;

(b)

the word “Royal” or any other words, letters or devices if used in such a manner as to be likely to lead persons to think that the applicant eitherhas, or recently has had, Royal patronage orauthorization whether or not such be the case;

(c)

representations of the British Royal crowns orthe British national flags; and

(d)

any national, territorial or civil flag, arms crest or emblem, any official control or guarantee sign, stamp or hallmark or any armorial bearing, flag or other emblem, abbreviation or title of any international intergovernmental organisation to which one or more convention countries belong, notice of objection to the use of which as a commercial device has been received pursuant to the provisions of any international convention relating to industrial property to which TheBahamas adheres and publicly given by the Registrar General:

Provided that, in the case of a trade mark containing any official control or guarantee sign, stamp or hallmark, this prohibition shall only apply in cases where the mark is intended to be used on goods of the same or a similar kind to those in respect of which such official control or guarantee sign, stamp or hallmark is already used.

1. Where representations of the arms of a foreign state or place appear on a mark the Registrar may call forsuch justification as he may deem necessary for their use.
2. Where a representation of the arms or emblems, of any city, borough, town, or place, society, bodycorporate, or institution appears on a mark, the applicant shall, if so required, furnish the Registrar with a consentfrom such official as the Registrar may consider entitled to give consent to the use of such arms or emblems.
3. Where the names or representations of living persons appear on a trade mark, the Registrar shall if he so require be furnished with consents from such persons before proceeding to register the mark. In the case of persons recently dead the Registrar may call for consents from their legal representatives before proceeding with registration of a trade mark on which their names orrepresentations appear.
4. Where a name or a description of any goods appears on a trade mark the Registrar may refuse to register such mark in respect of any goods other than thegoods so named or described.

Where the name or description of any goods appears on a trade mark which name or description in use varies the Registrar may permit the registration of the mark with the name or description upon it for goods other than those named or described, the applicant stating in his application that the name or description varies.

PART III APPLICATION FOR REGISTRATION

17. If application for registration of a trade mark be made by a firm or partnership, it may be signed in the name or for and on behalf of the firm or partnership by any one or more members thereof.

If the application be made by a body corporate it may be signed by a director or by the secretary or other principal officer of such body corporate.

Any application may be signed by an agent.

18. Every application claiming priority under section 63 of the Industrial Property Act, or any enactmentamending or replacing that Act, by reason of anapplication to register the trade mark made or deemed tohave been made in a convention country as defined in

Use of arms of city, etc.

Use of names, etc. of living persons.

Where name or description of goods appears.

Application for registration.

Convention applications.

S.I. 50/1967.

Ch. 324.

Acknowledgement of application.

Representation of the mark to be affixed. Form 2.

Mark to be mounted.

Four copies of the mark should be sent.

Form 3.

Signature.

Representations of marks to be durable.

Applications of the same mark in different classes.

section 62 of that Act, shall state the name of that convention country and the date of that applicationtherein, and the applicant shall furnish a certificate by the registrar or other registering authority of that countryor shall otherwise verify the application made or deemed to have been made therein to the satisfaction of the Registrar.

1. On or after the receipt of the application the Registrar shall furnish the applicant with an acknowledgement thereof.
2. Every application for registration of a trademark shall contain a representation of the mark affixed to it in the square which Form No. 2 contains for that purpose.
3. Where the representation in the preceding rule mentioned exceeds such square in size the representation shall be mounted on linen, tracing cloth or other material that the Registrar may consider suitable. Part of the mounting shall be affixed in the space aforesaid and the rest may be folded over.
4. There shall be sent with every application for registration of a trade mark four additional representationsof such mark on Form No. 3 exactly corresponding to that affixed to the application (Form No. 2) and noted with all such particulars as may from time to time be required by the Registrar.
5. The particulars above mentioned shall, if required, be signed by the applicant or his agent.
6. All representations of marks must be of a durable nature, but the applicant may in case of need supply in place of representation of the Form No. 3, halfsheets of strong foolscap of the size aforesaid with therepresentations affixed thereon and noted as aforesaid.
7. Applications for the registration of the samemark in different classes shall be treated as separate anddistinct applications, and in all cases in which a trade mark is registered under the same official number for goods in more than one class, the registration shall henceforth forthe purpose of fees and otherwise be deemed to have been made on separate and distinct applications in respect of the goods included in each class.
8. The Registrar, if dissatisfied with any representation of a mark, may at any time require another representation satisfactory to him to be substituted before proceeding with the application.
1. Where a drawing or other representation orspecimen cannot be given in manner aforesaid, a specimenor copy of the trade mark may be sent either of full size or on a reduced scale, and in such form as the Registrar may think most convenient.
2. The Registrar may also, in exceptional cases, deposit in the office a specimen or copy of any trade mark which cannot conveniently be shown by a representation, andmay refer thereto in the register in such manner as he may think fit.
9. When application is made for the registration ofa series of trade marks under section 24 of the said Act, a representation of each trade mark of the series shall be affixed, as aforesaid, to the application upon Form No. 2 and to each of the accompanying Forms No. 3.
10. When a trade mark contains a word or words in other than Roman characters, there shall be indorsed on the application in Form No. 2 and on each of the accompanying representations in Form No. 3 a sufficient transliteration and translation to the satisfaction of the Registrar of each of such words, and every such indorsement shall be signed by the applicant or his agent.

Where a trade mark contains a word or words in a language other than English, the Registrar may ask for anexact translation thereof, and if he so requires such translation shall be endorsed and signed as aforesaid.

PART IV PROCEDURE ON RECEIPT OF APPLICATION

30. Subject to the provisions for special applicationsunder paragraph (e) of section 7 of the said Act, upon receipt of an application for registration the Registrar shall cause a search to be made amongst the registered marksand pending applications for the purpose of ascertainingwhether there are on record any marks for the same goodsor description of goods identical with the mark applied for or so nearly resembling it as to be calculated to deceive.

Request for another representation.

A copy of the mark may be sent in full size.

Applications for a series of trade marks.

Forms 2 and 3.

Translation.

Search of registered marks.

Acceptance by the Registrar.

Statement of objections.

Objections to amendments.

Decision of Registrar at hearing.

Form 4.

Disclaimer.

Application under s. 7(e) of the Act.

Form 5.

Search of registered marks.

1. If after such search and a consideration of the application the Registrar thinks there is no objection to the mark being registered, he may accept it absolutely or subject to conditions, amendments, and modifications which he shall communicate to the applicant in writing.
2. If after such search and consideration of the application any objections appear, a statement of those objections shall be sent to the applicant in writing, and unless within one month the applicant applies for ahearing, he shall be deemed to have withdrawn his application.
3. If the Registrar accepts an application subject to any conditions, amendments, or modifications, and the applicant objects to such conditions, amendments, ormodifications, he shall within one month from the date of the communication notifying such acceptance apply for a hearing, and if he does not do so he shall be deemed to have withdrawn his application. If the applicant does notobject to such conditions, amendments, or modifications, he shall forthwith notify the Registrar in writing.
1. The decision of the Registrar at such hearing as aforesaid shall be communicated to the applicant inwriting, and if he objects to such decision, he may within one month apply upon Form No. 4, requiring the Registrar to state in writing the grounds of his decision and the materials used by him in arriving at the same.
2. Upon receipt of such form the Registrar shall send tothe applicant such statement as aforesaid in writing, and the date when such statement is sent shall be deemed to be the date of the Registrar’s decision for the purpose ofappeal.
4. The Registrar may call on an applicant to insert inhis application such disclaimer as the Registrar may think fit, in order that the public generally may understand whatthe applicant’s rights, if his mark is registered, will be.
5. An application to register a name, signature or word or words under paragraph (e) of section 7 of the saidAct shall be made on the Form No. 5 and not otherwise.
6. Upon receipt of such an application the Registrarshall cause a search to be made amongst the registered

marks and pending applications for the purpose ofascertaining whether there are on record any marks forthe same goods or description of goods identical with themark applied for or so nearly resembling it as to be calculated to deceive.

1. If after such search the Registrar thinks there are no such marks, he shall notify the applicant accordingly,but if after such search any such marks appear, he shall notify to the applicant the numbers of those marks and theGazette (if any) in which they have been advertised.
2. Within one month from the receipt of such notification the applicant shall send to the Registrar inwriting a case in duplicate stating at length the grounds upon which he relies in support of his application, and whether he desires to be heard by the court. If he fails to doso his application shall be deemed to be withdrawn.
3. If the applicant desires to obtain an order of thecourt he shall within one month from sending to the Registrar his case as aforesaid bring the matter before the court by motion, and if he does not do so he shall bedeemed to have withdrawn his application.
4. If the application be accepted by the court it shall be advertised and proceedings thereafter shall be had in respect of it as if it had been accepted by the Registrar in the ordinary course.
5. Where any association or person desires to register a mark under section 58 of the said Act they shallapply to the Registrar in writing upon the Form No. 6.
6. Such application shall be in duplicate and shall be accompanied by six copies of the mark applied for. Ifsuch application is permitted to proceed the mark shall be advertised and the application shall be treated in all respects as if it were an ordinary application, and it shall be open to opposition in the same way and all such proceedings shall be had thereon as if it were an application under section 10 of the said Act.
7. Every application when accepted shall be advertised by the Registrar in the Gazette during such times and in such manner as the Registrar may direct.

Notification of no similar mark.

Support of application.

Order of the court.

Acceptance by the court.

Special trade under s. 58.

Form 6.

Copies of application.

Advertisement of application.

Specimen of trade mark on exhibition.

Wood block of trade mark for advertising.

Wood block of each trade mark in a series may have to be given.

Advertisements under section 12(9).

Opposition to registration.

Grounds of opposition. Form 7.

1. If no representation of the trade mark be insertedin connection with the advertisement of an application, the Registrar shall refer in such advertisement to the place orplaces where a specimen or representation of the trade mark is deposited for exhibition.
2. For the purposes of such advertisement the applicant may be required to furnish a wood block orelectrotype (or more than one, if necessary) of the trade mark, of such dimensions as may from time to time bedirected by the Registrar, or such other information or means of advertising the trade mark as may be required by the Registrar; and the Registrar, if dissatisfied with the block or electrotype furnished by the applicant or his agent, may require a fresh block or electrotype beforeproceeding with the advertisement.
3. When an application relates to a series of trademarks differing from one another in respect of the particulars mentioned in section 24 of the said Act, the applicant may be required to furnish a wood block orelectrotype (or more than one, if necessary) of any or of each of the trade marks constituting the series; or the Registrar may, if he thinks fit, insert with the advertisement of the application a statement of the manner in respect of which the several trade marks differ from oneanother.
4. Advertisements under section 12(9) of the said Act shall, mutatis mutandis, be made in the same manner as advertisements relating to an application for registration.
5. Any person may within one month from the dateof any advertisement in the Gazette of an application forregistration of a trade mark give notice in writing at the office of opposition to the registration.
6. Such notice shall be in Form No. 7, and shall contain a statement of the grounds upon which theopponent objects to the registration. If registration isopposed on the ground that the mark resembles marksalready on the register, the numbers of such marks and thenumbers of the Gazette in which they have been advertisedshall be set out. Such notice shall be accompanied by a duplicate which the Registrar will forthwith send to theapplicant.
7. Within one month from the receipt of such duplicate the applicant shall send to the Registrar acounter-statement (Form No. 8) in writing setting out the grounds on which he relies as supporting his application. The applicant shall also set out what facts, if any, allegedin the notice of opposition he admits. Such counter-statement shall be accompanied by a duplicate in writing.
8. Upon receipt of such counter-statement and duplicate the Registrar will forthwith send the duplicate tothe opponent and within one month from the receipt of the duplicate the opponent shall leave at the office such evidence by way of declaration as he may desire to adduce in support of his opposition and shall deliver to the applicant copies thereof.
9. If an opponent leaves no evidence, he shall be deemed to have abandoned his opposition, but if he doesthen within one month from the receipt of the copies of declarations, the applicant shall leave at the office such evidence by way of declaration as he desires to adduce insupport of his application and shall deliver to the opponent copies thereof.
10. Within fourteen days from the receipt by the opponent of the copies of the applicant’s declarations the opponent may leave at the office evidence by declaration inreply, and shall deliver to the applicant copies thereof. Such evidence shall be confined to matters strictly in reply.
11. In any proceedings before the Registrar, he mayat any time, if he thinks fit, give leave to either the applicantor the opponent to file any evidence upon such terms as tocosts or otherwise as the Registrar may think fit.
12. Where there are exhibits to declarations filed in an opposition, copies or impressions of such exhibits shallbe sent to the other party on his request, or, if such copies or impressions cannot conveniently be furnished, the originals shall be sent to the office, so that they may be open to inspection. The original exhibits shall be produced at the hearing unless the Registrar otherwise directs.
13. Upon completion of the evidence the Registrar shall give notice to the parties of a date when he will hear

Support of application.

Form 8.

Support of opposition.

Additional support of application.

Additional support of opposition.

Further evidence.

Exhibits to declaration in opposition.

Notice of hearing.

Form 9.

Extension of time.

Security for costs.

Non-completion.

Form 10.

Entry on the register.

Form 11.

the arguments in the case. Such appointment shall be for adate at least fourteen days after the date of the notice,unless the parties consent to a shorter notice. Within sevendays from the receipt of such notice both parties file Form No. 9. A party who receives such notice and who does not, within seven days from the receipt thereof, give notice onForm No. 9 that he intends to appear, may be treated as not desiring to be heard and the Registrar may act accordingly.

1. Where in opposition proceedings any extension of time is granted to any party, the Registrar may thereafter, if he thinks fit, without giving the said party a hearing, grant any reasonable extension of time to the otherparty in which to take any subsequent step.
2. Where a party giving notice of opposition neitherresides nor carries on business in The Bahamas, the Registrar may call upon him to give a security in such formas the Registrar may deem sufficient for the costs of theproceedings before the Registrar, for such amount as tothe Registrar may seem fit, and at any stage in such opposition may require further security to be given at any time before giving his decision in the case.
3. Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of theapplicant, the Registrar shall give notice to the applicant in writing on Form No. 10 of such non-completion, and if the applicant has an agent, shall send a duplicate of such notice to such agent. If after fourteen days from the date when such notice was sent the registration is notcompleted, the application shall be deemed to be abandoned, but the Registrar may with such notice, wherethe applicant lives at a distance, give further time after such fourteen days for the completion of such application.
4. As soon as may be after the expiration of one month from the date of the advertisement in the Gazette of any application, the Registrar shall, subject to any opposition and the determination thereof, and uponpayment of the prescribed fee, on Form No. 11 enter the trade mark on the register. The entry of a trade mark on the register shall give the date of the registration, the goods

in respect of which it is registered, and all particulars named in section 3 of the Act, together with particulars of the trade, business, profession, or occupation, if any, of the proprietor, and such other particulars as the Registrar may deem necessary.

1. Where a mark is registered as associated with any other mark or marks the Registrar shall note upon the register in connection with such mark the numbers of the marks with which it is associated and shall also note upon the register in connection with each of the associated marks the number of the newly registered mark as being an associated mark with each of them.
2. In case of the death of any applicant for a trade mark after the date of his application, and before the trademark applied for has been entered on the register, theRegistrar, after the expiration of the prescribed period of advertisement, may, on being satisfied of the applicant’s death, enter on the register, in place of the name of such deceased applicant, the name, address, and description of the person owning the goodwill of the business, on such ownership being proved to the satisfaction of the Registrar.
3. Upon the registration of a trade mark the Registrar shall issue to the applicant a certificate in the Form No. 12.

PART V RENEWAL

65. At any time not less than two months and not more than three months before the expiration of the last registration of a trade mark any person may leave at the office a fee for the renewal of the registration of the markupon Form No. 13. Such person shall indorse upon such form his name and address, and before taking any further step the Registrar may require such person to furnish within five days an authority to pay such fee signed by theregistered proprietor, and if such person does not furnish such authority, may return such fee and treat it as not received.

Cross-references in the register.

Death of applicant.

Certificate of registration. Form 12.

Renewal.

Form 13.

Acknowledgement.

Notice before removal from register. Forms 13 and 14.

Second notice before removal.

Form 15.

Renewal without removal.

Forms 16 and 17.

Renewal after removal.

Forms 16 and 18.

Record of removal.

Advertisement of renewal.

1. When he does not require such authority, theRegistrar shall upon receipt of such fee communicate with the registered proprietor at his registered address, stating that the fee has been received and that the registration will in due course be renewed.
2. At a date not less than one month and not more than two months before the expiration of the last registration of a mark, if no fee upon the Form No. 13 has been received, the Registrar shall send to the registeredproprietor at his registered address a notice in the Form No. 14.
3. At a time not less than fourteen days and not more than twenty-eight days before the expiration of thelast registration of a mark, the Registrar shall, if no renewal fee has been received, send a notice to the registered proprietor at his registered address in the FormNo. 15.
4. If at the date of the expiration of the last registration of a mark the renewal fee has not been paid, the Registrar shall advertise the fact forthwith in the Gazette and if within one month of such advertisement the renewal fee upon Form No. 16, together with an additionalfee upon Form No. 17 is received, he may renew the registration without removing the mark from the register.
5. Where after one month from such advertisement such fees have not been paid, the Registrar may remove themark from the register as of the date of the expiration of the last registration, but may upon payment of the renewal fee upon Form No. 16, together with the additional fee upon Form No. 18, restore the mark to the register if satisfied that it is just so to do, and upon such conditions as he may think fit to impose.
6. Where a trade mark has been removed from the register the Registrar shall cause to be entered in the register a record of such removal and of the cause thereof.
7. Upon the renewal of a registration a notice to that effect shall be sent to the registered proprietor at his registered address and the renewal shall be advertised inthe Gazette.
8. The Registrar may on request made jointly by a registered proprietor of a mark and the person to whom hehas assigned such mark, together with the goodwill of the business concerned in the goods for which it has beenregistered, register the assignee as proprietor of the mark. Such application shall be in the Form No. 19. If theRegistrar so requires, the assignee shall furnish a declaration in Form No. 20.
9. Where no such joint request is made, any person who has become entitled to a registered trade mark by assignment, transmission, or other operation of law, may leave a request at the office for the entry of his name in the register as proprietor of such trade mark. The request shall be on the Form No. 21, and such request shall contain the name, address, and description of the person claiming to be entitled to the trade mark, hereinafter called the claimant.
10. Together with such request the claimant shallleave a case stating full particulars of the assignment,transmission, or other operation of law by virtue of which he claims to be entitled to be entered in the register asproprietor of the trade mark, so as to show the manner in which and the person or persons to whom the trade mark has been assigned or transmitted, and so as to show furtherthat it has been so assigned or transmitted in connection with the goodwill of the business concerned in the goods for which the trade mark has been registered.
11. Such request shall in the case of an individual bemade and signed by the claimant, and in the case of a firmor partnership, by one or more members of such firm orpartnership, and in the case of a body corporate shall besigned by a director or by the secretary or other principal officer of such body corporate.
12. Where the Registrar shall determine that the case sets out particulars such as entitle the claimant to be registered as proprietor of such trade mark, he shall call upon the claimant to furnish a declaration (Form No. 22)verifying the several statements in the case and declaring that the particulars given comprise every material fact and document affecting the proprietorship of the trade mark claimed by such request.

Assignment.

Forms 19 and 20.

Request by claimant.

Form 21.

Particulars of the assignment.

Signature to request.

Declaration verifying statements.

Form 22.

Proof of title.

Alteration of address.

Form 23.

Discretionary power.

Application for hearing.

Notice of hearing.

Confirmation of hearing.

Decision of Registrar.

Applications under section 21. Form 24.

Evidence.

1. In any case, the Registrar may call on any person who desires to be registered as proprietor of a trade mark for such proof or additional proof of title and of the existence and ownership of such goodwill as aforesaid asthe Registrar may require for his satisfaction.
2. Every registered proprietor of a trade mark who alters his address shall forthwith apply to the Registrar on the Form No. 23 to insert the new address on the register and the Registrar shall alter the register accordingly.
3. Before exercising any discretionary power given to the Registrar by the said Act adversely to any person theRegistrar shall, if so required, hear the person who will beaffected by the exercise of such power.
4. An application for a hearing shall be madewithin one month from the date when the matter on which the Registrar is called on to exercise discretionary power has arisen.
5. Upon receiving such application the Registrarshall give the person applying ten days’ notice of a timewhen he may be heard by himself or his agent.
6. Within five days from the date when such noticewould be delivered in the ordinary course of post the person applying shall notify the Registrar whether or not heintends to be heard on the matter.
7. The decision of the Registrar in the exercise of any such discretionary power as aforesaid shall be notifiedto the person affected.
8. All applications to the Registrar under section21 of the said Act shall be upon the Form No. 24. Such applications shall be accompanied by a case setting out fully the facts relating to the marks of which the Registrar is requested to permit an apportionment.
9. Upon receipt of such request and of such case the Registrar shall enquire into the facts and call for suchevidence as he may deem necessary upon the subject of such application. Before giving his decision the Registrarshall, if necessary, give the parties an opportunity ofattending before him at a hearing either by themselves or by their agents.

87. The decision of the Registrar shall be in writing.

1. Upon any apportionment of marks under this section the Registrar shall insert in the register a note in connection with each of the registered trade marks of the fact of such apportionment, and shall in such note refer to the date of the decision under which such apportionmenthas taken place.
2. Applications under section 30 to the Registrar may be made by the registered proprietor, or by the trustee in bankruptcy of the registered proprietor, or where theregistered proprietor is a company in liquidation by theliquidator, and in other cases by such person as theRegistrar may decide to be entitled to act in the name of the registered proprietor.
3. Where such application is made the Registrar may require such evidence by declaration or otherwise as he may think fit as to the circumstance in which the application is made.
4. Where application is made, on Form No. 29 to enter a disclaimer or memorandum relating to a trade mark, the Registrar, before deciding upon such application, shall advertise the application in the Gazette for one month in order to enable any person desiring so to do, to state any reasons in writing against the applicant being allowed to make such disclaimer or enter such memorandum.
5. Where a person desires to apply under section32 to alter a trade mark he shall make his application in writing on Form No. 30 and shall furnish the Registrar withsix copies of the mark as it will appear when altered.
6. Before proceeding with such application the Registrar may call on the applicant to furnish a blocksuitable to advertise in the Gazette the fact that such application has been made, or, if he thinks fit, the Registrar, without calling for a block, may insert an advertisement describing the alteration proposed in wordsso that it can be understood by persons interested in the matter.

Where leave is granted the Registrar may, if he is not already in possession of a block showing the trade mark as

Decision of

Registrar. Appointment of marks.

Applications under section 30.

Evidence.

Advertisement of application. Form 29.

Applications under section 32. Form 30.

Block for advertisement.

Search. Form 31.

Hours of inspection.

Power to dispense with evidence.

Amendments.

Enlargement of time.

altered, cause the applicant to furnish a block showing thetrade mark as altered for advertisement in the Gazette and upon receipt of such block shall forthwith advertise the mark as altered in the Gazette.

1. The Registrar, if requested so to do in writingupon a Form No. 31, may cause a search to be made in any class to ascertain whether any marks are on record at the date of such search which may resemble any mark sent in duplicate to him by the person requesting such search andmay cause that person to be informed of the result of such search.
2. The office shall be open to the public during allsuch hours as officers are by law required to giveattendance to their respective offices.
3. Where under these Rules any person is required to do any act or thing, or to sign any document, or to make any declaration on behalf of himself or of any body corporate, or any document or evidence is required to be produced to or left with the Registrar, or at the office, and it is shown to the satisfaction of the Registrar that from any reasonable cause such person is unable to do such act or thing, or to sign such document or make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall belawful for the Registrar, and upon the production of such other evidence, and subject to such terms as he may think fit,to dispense with any such act or thing, document, declaration, or evidence.
4. Any document or drawing or other representation of a trade mark may be amended, and any irregularity inprocedure which in the opinion of the Registrar may be obviated without detriment to the interests of any person may be corrected, if the Registrar thinks fit, and on suchterms as he may direct.
5. The time prescribed by these Rules for doing any act, or taking any proceeding thereunder may be enlarged by the Registrar, if he thinks fit, and upon suchnotice to other parties, and proceedings thereon, and upon such terms, as he may direct, and such enlargement may begranted though the time has expired for doing such act ortaking such proceeding.
6. Whenever the last day fixed by the said Act, orby these Rules, for leaving any document or paying any feeat the office shall fall on Christmas Day, Good Friday, or on a Saturday or Sunday, or any day observed as a public holiday, or any day observed as a day of public fast or thanksgiving, or shall be a day on which the office shallnot be open to the public herein referred to as excludeddays, it shall be lawful to leave such document or to pay such fee on the day next following such excluded day, ordays if two or more of them occur consecutively.
7. Where a time for paying a fee is limited by these Rules and the person who is bound to pay such fee residesat such distance from the office that he cannot reasonably be expected to pay the fee on the date limited by the Rule, the Registrar, if satisfied that the omission to pay the fee has not been from any want of diligence on the part of the person whose business it is to pay it, may accept the fee even though the date for paying the fee has passed, and treat it as if received on the correct date, provided always that the fee is actually paid with such promptitude as can be expected in the circumstances.
8. The Registrar, when required otherwise thanunder section 15 of the said Act to give a certificate as to any entry, matter, or thing which he is authorised by the said Act or any of these Rules to make or do, may, on receipt of a request in writing, and on payment of theprescribed fee, give such certificate, but every certificate of registration so given shall have specified on the face thereof whether the same is to be used in legal proceedings, or for the purpose of obtaining registration abroad, or forpurposes other than use in legal proceedings or obtaining registration abroad.
9. Where a mark is registered without limitation of colour it shall be lawful for the Registrar to grant a certificate of its registration for the purpose of obtaining registration abroad either in the colour in which it appearsupon the register or in any other colour or colours.
10. Where a certificate of registration is desired foruse in obtaining registration abroad, the Registrar shall affix to the said certificate a copy of the mark, and shallstate in such certificate such particulars concerning the registration of the marks as to him may seem fit, and may omit therefrom reference to any disclaimers appearing on the register.

Procedure on public holidays.

Late fees may be permitted.

Certificates. Forms 33, 35 and

36.

Alteration of colours.

Registration abroad.

Declarations.

Seal or signature admitted without proof.

Appeals to the court.

Orders of the court.

Form 32.

104. The declarations required by the said Act andthese Rules, or used in any proceedings thereunder, shall be made and subscribed as follows —

(a)

in The Bahamas, before any justice of the peace, magistrate, notary public, the Registrar or other officer by law authorised to administer an oath for the purpose of any legal proceeding;

(b)

in the United Kingdom, before any justice of the peace, or any commissioner or other officer authorised by law in any part of the UnitedKingdom to administer an oath for the purpose of any legal proceeding;

(c)

in any other part of the Commonwealth, before any court, judge, justice of the peace, or anyofficer authorised by law to administer an oath there for the purpose of a legal proceeding; and

(d)

if made out of the Commonwealth, before a British minister, or person exercising the functions of a British minister or a consul, vice-consul, or other person exercising the functionsof a British consul, or a notary public, or before a judge or magistrate.

1. Any document purporting to have affixed, impressed, or subscribed thereto or thereon the seal or signature of any person hereby authorised to take suchdeclaration in testimony of such declaration having beenmade and subscribed before him, may be admitted by the Registrar without proof of the genuineness of any such seal or signature, or of the official character of such person or his authority to take such declaration.
2. When any person intends to appeal to the court,no such appeal shall be entertained unless notice of motion be given within one month from the date of the decision appealed against or within such further time as the Registrar shall allow.
3. Where an order has been made by the court in any case under the said Act, the person in whose favoursuch order has been made, or such one of them, if more than one, as the Registrar may direct, shall forthwith leave at the office an office copy of such order, together with Form No. 32 if required. The register may, if necessary, thereupon be rectified or altered by the Registrar.
4. Every application to the court under the said Actshall be served on the Registrar.
5. Whenever an order is made by the court under the said Act, the Registrar may, if he thinks that such ordershould be made public, publish it in the Gazette.

PART VII DEFENSIVE REGISTRATION

1. An application for the registration of a defensivetrade mark under section 35 of the said Act shall be made, addressed and sent to the Registrar on Form No. 37 and shall be accompanied by a statement of case setting forth full particulars of the facts on which the applicant relies in support of his application, verified by a statutorydeclaration made by the applicant or some other person approved for the purpose by the Registrar. The applicant may send with this declaration, or subsequently, such other evidence as he may desire to furnish, whether after request made by the Registrar or otherwise and the Registrar shall consider the whole of the evidence before deciding on the application. In all other respects, and where they are appropriate and it is not otherwise stated, these Rules shallapply to such applications as they apply to applications for the registration of ordinary trade marks.
2. An application to the Registrar under section 35for the making, expunging or varying of any entry in theregister shall be made on Form No. 38 and shall be accompanied by a statement setting out fully the nature of the applicant’s interest, the facts upon which he bases his case and the relief which he seeks. Where the application ismade by a person who is not the registered proprietor of the trade mark in question it shall be accompanied by an unstamped copy of the application and a copy of the statement, and these copies will be transmitted forthwith by the Registrar to the registered proprietor.
3. Upon such application being made, and copy thereof transmitted to the registered proprietor, if necessary, the provisions of rules 51 to 61 shall apply, mutatis mutandis, to the further proceedings thereon; but theRegistrar shall not rectify the register or remove the mark from the register merely because the registered proprietor has not filed a counter-statement. In any case of doubt any party may apply to the Registrar for directions.

Service on Registrar.

Publication of court order.

G.N. 182/1960.

Application under section 35.

Form 37.

Application to rectify or remove a trade mark from the register. Form 38.

Further procedure.

Intervention by third parties.

Forms 38 and 39.

Application for entry of registered user.

Form 40.

Entry and notification.

Form. 23.

Registered proprietor’s application to vary entry.

Form 41.

Application by registered proprietor or user to cancel entry. Form 42.

113. Any person other than the registered proprietoralleging interest in a registered trade mark in respect ofwhich an application is made on Form No. 38 may apply to the Registrar on Form No. 39 for leave to intervene,stating thereon the nature of his interest, and the Registrar may refuse or grant such leave, after hearing (if so required) the parties concerned, upon such conditions and terms as he may deem fit. Before dealing in any waywith the application for leave to intervene the Registrar may require the applicant to give an undertaking to paysuch costs as in the circumstances he may award to any party.

PART VIII REGISTERED USERS

1. An application to the Registrar for the registration under section 36 of the said Act of a person as a registered user of a registered trade mark shall be made by that person and the registered proprietor on Form No. 40.
2. The entry of a registered user in the registershall state the date on which it was made. In addition to the trade or business address of the registered user it may include an address for service, if an application therefor by him on Form No. 23 has been approved. A notification in writing of the registration of a registered user shall be sentto the registered proprietor of the trade mark, to the registered user, and to every other registered user whose name is entered in relation to the same registration of a trade mark, and shall be inserted in the Gazette.
3. An application by the registered proprietor of a trade mark for the variation of the registration of aregistered user of that trade mark under paragraph (a) of section 36(8) shall be made on Form No. 41; and shall be accompanied by a statement of the grounds on which it is made and, where the registered user in question consents, by the written consent of that registered user.
4. An application by the registered proprietor orany registered user of a trade mark for the cancellation of the registration of a registered user of that trade mark under paragraph (b) of section 36(8) shall be made on Form No. 42 and shall be accompanied by a statement of the grounds on which it is made.
5. An application by any person for the cancellation of the registration of a registered user under paragraph (c) of section 36(8) shall be made on FormNo. 43 and shall be accompanied by a statement of the grounds on which it is made.
6. The Registrar shall notify in writing applicationsunder the last three foregoing rules to the registered proprietor and each registered user (not being the applicant) under the registration of the trade mark. Any person so notified who intends to intervene in the proceedings shall within one month of the receipt of suchnotification give notice to the Registrar on Form No. 44 to that effect and shall send therewith a statement of the grounds of his intervention. The Registrar shall thereuponsend copies of such notice and statement to the other parties, so that the intervention may be known to the applicant, the registered proprietor, the registered user whose registration is in suit, and any other registered user who intervenes. Any such party may, within such time ortimes as the Registrar may appoint, leave evidence in support of his case, and the Registrar after giving the parties an opportunity of being heard may accept or refuse the application or accept it subject to any conditions, amendments, modifications or limitations he may think right to impose.
7. In the case of the registration of a registered user for a period, in accordance with paragraph (d) of section 36(4), the Registrar shall cancel the entry of the registered user at the end of the period. Where some or all of the goods are struck out from those in respect of which a trademark is registered, the Registrar shall at the same timestrike them out from those specifications of registeredusers of the trade mark in which they are comprised. The Registrar shall notify every cancellation or striking outunder this paragraph to the registered users whosepermitted use is affected thereby and the registered proprietor of the trade mark.

PART IX CERTIFICATION TRADE MARKS

121. An application for the registration of a certification trade mark under section 37 of the said Act shall be

Application under section 36(8)(c) to cancel entry. Form 43.

Notification and hearing.

Form 44.

Cancellation by Registrar.

Application under section 37.

Forms 45 and 3.

Authorization to proceed.

Case; draft regulations.

Form 46.

Application for an order to expunge or vary the register.

made to the Registrar upon Form No. 45, and shall be accompanied by two duplicates of the application on unstamped copies of Form No. 45, and by six additional representations of the trade mark on Form No. 3.

1. The provisions of section 10(2) to (6), section 11and section 12(2) to (11) of the said Act and these Rulesshall have effect in relation to the registration of the mark as if the application had been an application under section10(1) of the said Act, except that for references therein toacceptance of an application there shall be substituted references to authorization to proceed with the application, and that the applicant shall not be deemed to have abandoned his application if in the circumstances of rule 32 or rule 33 he does not apply for a hearing or reply in writing.
2. The address of an applicant to register a certificationtrade mark shall be deemed to be a trade or business address for all the purposes for which such an address is required by these Rules.
1. The applicant shall send to the registrar with his application or when required by the Registrar a case setting out the grounds on which he relies in support of hisapplication together with draft regulations for governing the use of the mark and Form No. 46, all being in duplicate. The Registrar may communicate to the applicant any observations he may have to make on the sufficiency of the case or the suitability of the draft regulations and the applicant may modify either of these documents.
2. (1) Any registered proprietor of a certification trade mark or any aggrieved person may make application to the Registrar for an order expunging or varying an entryin the register of or relating to a certification trade mark, or varying the relevant deposited regulations and suchapplication shall include full particulars of the grounds on which the application is made.

(2)

An application by an aggrieved person may bemade on the following grounds —

(a)

that the proprietor is no longer competent, in the case of any of the goods in respect of which thetrade mark is registered, to certify those goods;

(b)

that the proprietor has failed to observe a provision of the deposited regulations to be observed on his part;

(c)

that it is no longer to the public advantage that the trade mark should be registered; or

(d)

that it is requisite for the public advantage that, if the trade mark remains registered, the regulations should be varied.

(3)

An application under this rule shall be made on Form No. 47.

(4)

The Registrar may as he sees fit on such an application make an order rectifying the register or the deposited regulations, or both, as the case may be.

(5)

These Rules shall apply to such applications as they apply to applications under section 10 (1) of the said Act.

FIRST SCHEDULE (Rule 4)

INDEX OF FORMS

Form 47.

S.I. 71/1983. G.N. 182/1960.

Number of Form.

Second notice before removal of mark from register, under section 28..............................................................................

15 Renewal of registration after notice has been given byRegistrar.................................................................

16 Additional fee to accompany renewal fee within one month after advertisement of non-payment of renewal fee........................................................................... 17 Restoration of trade mark where removed for nonpayment of fee............................................................. 18 Request by registered proprietor and assignee to register assignee as subsequent proprietor.................................. 19 Declaration by assignee in support of request by registered proprietor and assignee to register assignee as subsequent proprietor...................................................... 20 Request to enter name of subsequent proprietor ......... 21 Declaration in support of request to enter name of subsequent proprietor........................................... 22 Application for alteration of address on register ....... 23 Application for apportionment of trade marks .......... 24 Correction of clerical error or amendment of application .. 25 Request to enter change of name of registered proprietor.. 26 Application to cancel entry on register ...................... 27 Request to strike out goods from those for which a mark is registered............................................................................... 28 Request to enter disclaimer, etc. .................................. 29 Application to add to or alter a trade mark .................. 30 Request for search under rule 94.................................. 31 Notice of order of court for alteration of register ........ 32 Request for general certificate...................................... 33 Request for certificate of refusal to register................. 34 Request for certificate of registration for use in obtaining registration abroad................................................ 35 Request for certificate of registration for use in legal proceedings ................................................................ 36 Application for the registration of a defensive trade markunder section 35............................................................... 37 Application for rectification under section 35 ............. 38 Application for leave to intervene where an application is made for rectification.............................................

39 Application for registration as a registered user of aregistered trade mark .............................................

40

Number of Form.

Application by the registered proprietor of a trade mark

for the variation of the registration of a registered user

of that trade mark ............................................................ 41

Application by the registered proprietor or anyregistered user of a trade mark, or any other person for the cancellation of the registration of a registered user of that trade mark............................ 42 and 43

Notice of intention to intervene in proceedings under rules 116, 117 and 118.................................................................. 44

Application for the registration of a certification trade mark................................................................................ 45

Regulations for governing the use of certification trade marks.............................................................................. 46

Application for an order expunging or varying the register

relating to a certification trade mark or varying the

relevant deposited regulations............................................ 47