The Trade Marks and Service Marks (Fees) (Amendment) Rules 1987 No. 964


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This Statutory Instrument had been made to correct an error in S.I. 1987/751 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

1987 No. 964

TRADE MARKS

The Trade Marks and Service Marks (Fees) (Amendment) Rules 1987

To be laid before Parliament

Made

21st May 1987

Coming into force

26th May 1987

Whereas in pursuance of the requirements of section 40(3) of the Trade Marks Act 1938(1) the Secretary of State has, before making the following Rules under the Act, published notice of his intention to make such Rules and of the place where copies of the draft Rules might be obtained by advertising such notice in the Trade Marks Journal on 13th May 1987, being the manner which he considered most expedient so as to enable persons affected to make representations to him before the Rules were finally settled:

Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 40 and 41 of the Trade Marks Act 1938 and now vested in him(2), after consultation with the Council on Tribunals pursuant to section 10(1) of the Tribunals and Inquiries Act 1971(3) and with the sanction of the Treasury pursuant to the said section 41, hereby makes the following Rules:

1. These Rules may be cited as the Trade Marks and Service Marks (Fees) (Amendment) Rules 1987 and shall come into force on 26th May 1987.

2. The Trade Marks and Service Marks (Fees) Rules 1987(4) shall have effect subject to the amendment that in the third column of the Schedule thereto there shall be substituted for the amount of £79 the amount of £205 as a fee payable in respect of the item specified in the second column of that schedule opposite the first reference to form TM 11 (renewal of registration of a Trade Mark, etc.).

Lucas of Chilworth

Parliamentary Under Secretary of State,

Department of Trade and Industry

21st May 1987

We sanction the making of these Rules.

Mark Lennox-Boyd

Peter Lloyd

Two of the Lords Commissioners of Her Majesty's Treasury

21st May 1987

Explanatory Note

(This note is not part of the Rules)

These Rules correct an error in the Trade Marks and Service Marks (Fees) Rules 1987. In the draft of those Rules in respect of which notice was published under section 40(3) of the Trade Marks Act 1938 (provision for the making of representations upon draft Rules) it was indicated that the renewal fee payable on form TM 11 would be increased from £198 to £205. Because of an error of transcription, those Rules were made prescribing that fee as only £79. These Rules restore the fee to the intended £205.

(1)

1938 c. 22; the Act was applied, with modifications, to service marks by the Trade Marks (Amendment) Act 1984 (c. 19), section 1, as amended by the Patents, Designs and Marks Act 1986 (c. 39), section 2(1) and Schedule 3.

(2)

S.I. 1970/1537.

(4)

S.I. 1987/751.


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URL: http://www.bailii.org/uk/legis/num_reg/1987/uksi_1987964_en.html