IE
S.I. No. 199/1996 - Trade Marks Rules, 1996
Table of Provisions (78)
Statutory Text (78 Articles)
2. Name and address of Applicant(s)
3. Notice
The Applicant(s) named herein hereby gives/give notice to the Controller that the registrability of the mark, the subject of the application identified above, is to be determined in accordance with the provisions of the
Trade Marks Act, 1996
.
It is acknowledged that this Notice is irrevocable.
Signed
Date
Schedule 3
Rule 11
Rules Revoked
Statutory Instrument Number
Title
No. 268
Trade Marks Rules, 1963
No. 76
Trade Marks Rules, 1963 (Amendment) Rules, 1964
No. 35
Register of Trade Mark Agent Rules, 1964
No. 371
Register of Trade Mark Agent (Amendment) Rules, 1985
No. 313
Trade Marks Rules, 1963 (Amendment) Rules, 1992.
GIVEN under my Official Seal, this 27th day of June, 1996.
RICHARD BRUTON
Minister for Enterprise and Employment
The fees prescribed by the foregoing Rules are hereby
sanctioned by the Minister for Finance.
GIVEN under the Official Seal of the Minister for Finance, this
27th day of June, 1996.
RUAIRI QUINN
Minister for Finance
4. Use of Mark (indicate as appropriate)
It is hereby declared, in relation to the goods/services indicated at 3,
that the mark to which this application relates is being used by the Applicant(s) or with the consent of the Applicant(s)
that the Applicant(s) indicated at 1 has/have a bona fide intention that the mark to which this application relates should be used in relation to the goods/services indicated at 3
5. Claim to priority (give the information below where a right to priority is claimed)
A right of priority is claimed on the basis of an earlier application for registration of the mark as represented in 2, which was filed in a country or territory within the meaning of section 40 or 41 in respect of the same, or some of, the goods/services to which the present application relates. The details of the earlier application are as follows
Country/Territory
Date of Filing
6. Colour (complete where appropriate)
The mark, in use, is/will be in the colour(s)..............................(please specify) and the Applicant wishes that upon registration the Register shall contain an indication to that effect.
7. Disclaimer or Limitation (indicate and complete as appropriate)
Right to the exclusive use of the following element(s) of the mark is disclaimed
The rights conferred by registration of the mark shall be subject to the following limitations
8. Registered Trade Mark Agent Authorised
The following has been appointed to act on behalf of the Applicant(s) in all proceedings connected with this application for registration and any proceedings arising subsequent to registration.
Name of Agent
Address
9. Address for Service (indicate and complete as appropriate)
same as at 8
state hereunder the address where no Agent authorised to act
10. Fees
The prescribed fees in the amount of £ .............are enclosed with this application.
11. Signature (the application may be signed by or on behalf of the Applicant(s) or by the Agent named at 8).
Date
To: The Controller of Patents, Designs & Trade Marks,
45 Merrion Square,
Dublin 2.
Form No. 2
Notice under paragraph 9(2) of Third Schedule to the
Trade Marks Act, 1996
12. On notification of surrender of a registered trade mark (rule 36)
50
13. Renewal of registration (rule 38)
200
Class fee for each class over one
100
Additional fee for renewal of registration (rule 39(1))
50
14. On request for the restoration and renewal of a registration removed from the register for failure to renew (rule 40)
100
15. On request for revocation or invalidation of a registration, or rectification of an error or omission in the register (rule 41)
100
16. On application to record a registrable transaction (rule 45)
50
17. On request for any of the matters referred to in rule 48
20
18. On request for alteration of a trade mark (rule 35) or for a change of name or address (rule 49)
50
19. On request for information about an application or a registered trade mark (rule 60) for each item of information requested
20
20. On request for extension of time (rule 63(4)) for each month of extension beyond the prescribed period
50
21. On application to register of a transaction under section 29 (rule 45) and on notice under section 31 (rule 46)
(i) for one mark
50
(ii) for each other mark included in the application
5
22. For registration of a trade mark —
(i) where the application is dealt with in accordance with the Act of 1963
81
(ii) in any other case
140
23. On request for a search under rule 71 in respect of one class
30
24. For making a search by means of the Patents Office's computerised trade mark search system, of the classified representations of trade mark data, kept at the Office on computer and open to public inspection, and for a print-out or output to electronic media or paper of the results of the search
(i) for each quarter of an hour or part thereof
10
(ii) for each record in excess of 30 relating to a trade mark in the computer print-out to paper
0.25
25. For inspection of all or any part of the trade mark register available on computer: for each quarter of an hour of part thereof
10
26. For (a) inspection of the register or any document open to public inspection, or (b) for making a search amongst such classified representations of trade marks as are made available on paper for each quarter of an hour or part thereof
2.50
27. For computer print-out or output to electronic media/paper of trade mark data open to public inspection other than as at item 24
(i) for each trade mark record in respect of which data is requested other than as at (ii)
20
(ii) for each trade mark record sought on the basis of time period or sequence number, by persons complying with conditions imposed by the Controller, the fees set out as at item 29.
28. For access, by means of telephone or other data transmission media from outside the Patents Office, to the information specified in items 24 and 25 for the purpose of searching or inspecting such information and for a computer print-out of the results of the search, the appropriate fee set out in those items, and in addition
250
29. On application for an authorisation under rule 77
100
and
(i) in the case of a search of the trademark database made available under rule 77 carried out by a person other than the licensee, an additional fee of 20 per cent. of any fee charged by the licence for the use of that database.
(ii) in the case of such a search by the licensee, an additional fee of £7 in respect of the search of the first class and £1 in respect of each subsequent class.
30. For photocopying documents, per page
0.25
31. For certifying office copies, manuscripts, typed printed or photographic, each
3
32. On giving notice under paragraph 9 of the Third Schedule to the
Trade Marks Act, 1996
50
33. On application for registration in the Register of Trade Mark Agents
200
34. For registration in the Register of Trade Mark Agents
100
35. Annual fee for renewal of registration as a trade mark agent payable before 1st December each year in respect of the following year.
200
Schedule 2
FORMS
Form No. 1
Application for registration of a trade mark.
Form No. 2
Notice under paragraph 9(2) of the Third Schedule to the
Trade Marks Act, 1996
.
Form No. 1
Reference No. of Applicant or Authorised Agent....................
APPLICATION FOR REGISTRATION OF A TRADE MARK
The Applicant(s) named herein hereby request(s) the registration of the trade mark, the representation of which is shown below, on the basis of the following information
36. Surrender of registered trade mark.
Renewal and Restoration
37. Reminder of renewal of registration.
38. Renewal of registration.
39. Delayed renewal and removal of registration.
40. Restoration of registration.
Revocation, Invalidation and Rectification
41. Procedure on application for revocation, declaration of invalidity and rectification of the register.
The Register
42. Form of register.
43. Entry in register of particulars of registered trade marks.
44. Entry in register of particulars of registrable transactions.
45. Application to register transactions under section 29.
46. Notices under section 31.
47. Public inspection of register.
48. Supply of certified copies, etc..
49. Request for change of name or address in register.
50. Change of classification.
Registered Trade Mark Agents
51. Applications for registration.
52. Proof of authorisation of agent may be required.
53. Entry in the register of trade mark agents.
54. Publication of entries in register of trade mark agents.
55. Payment of annual registration fee.
56. Request for removal from register of trade mark agents.
57. Notice to Controller of application to the Court under subsection (3) of section 88.
58. Application for restoration to register of trade mark agents.
59. Controller may refuse to deal with certain agents.
Powers and Duties of Controller, Evidence and Costs
60. Provision of information and inspection of documents.
62. Controller's power to require documents, information or evidence.
63. General power to enlarge time.
65. Form of statutory declaration.
66. Statutory declaration made outside the State.
67 Notice of seal of officer making declaration to prove itself.
Application to and Orders of Court
68. Application to Court.
69. Order of Court.
Miscellaneous
72. Pending applications for registration.
73. Time limit for payment of fees required for registration.
74. Power to dispense with evidence, signature &c.
75. General power of amendment.
76. Partial assignments.
77. Non-exclusive licence.
78. Form for conversion of pending application.
79. Forms.
Schedule 1
Fees payable.
Schedule 2
Forms
Form No. 1: Application for registration of a trade mark.
Form No. 2: Notice under paragraph 9(2) of the Third Schedule to the Act.
Schedule 3
Rules revoked.
S.I. No. 199 of 1996.
TRADE MARKS RULES 1996
I, Richard Bruton, Minister for Enterprise and Employment, in exercise of the powers conferred on me by
section 81
of the
Trade Marks Act, 1996
(No. 6 of 1996), and in exercise, with the sanction of the Minister for Finance, of the powers conferred on me by section 82 of that Act, and in exercise of the powers conferred on me by
section 92
(1) of the
Patents Act, 1992
(No. 1 of 1992), as amended by
section 73
of the
Trade Marks Act, 1996
, hereby make the following rules
Preliminary
1 Short title.