Register of Trade Mark Agents Rules 1990

Citation and commencement

1. These Rules may be cited as the Register of Trade Mark Agents Rules 1990 and shall come into force on 1st October 1990.

Interpretation

2. In these Rules, unless the context otherwise requires–

“the Comptroller” means the Comptroller-General of Patents, Designs and Trade Marks;

“the Institute” means the Institute of Trade Mark Agents;

“the register” means the register of trade mark agents required to be kept under these Rules, and “registered trade mark agent” means a trade mark agent whose name is entered in the register;

“the Registrar” means the person appointed in accordance with rule 7 below to maintain the register;

“trade mark agency work” means work done in the course of carrying on the business of acting as agent for others for the purpose of applying for or obtaining the registration of trade marks in the United Kingdom or of conducting proceedings before the Comptroller relating to applications for or otherwise in connection with the registration of trade marks;

“the United Kingdom” includes the Isle of Man.

The register

3. There shall be kept by the Institute a register, to be known as the register of trade mark agents, in which shall be entered the name of each person who is entitled to be registered pursuant to rule 10 below, together with his business address, the date of his registration, his qualifiations, and such other particulars as the Registrar may, at the request of that person, think fit to include.

Special record

4. There shall also be kept by the Institute a special record and the Registrar shall transfer thereto the name and particulars of any person whose name has been erased under rule 12 or 13 or pursuant to a direction under rule 14 below and he shall enter therein, against such name, the reason for the erasure.

Inspection of register and special record

5. The register and the special record or, if they are kept otherwise than in documentary form, entries therein made available in documentary form, shall be open to public inspection at such times and in such manner as the Registrar may, subject to any general directions of the Comptroller under rule 21 below, direct.

Publication of list of registered trade mark agents

6. Not later than 1st April in each year the Institute shall cause to be printed, published and placed on sale a copy of the entries in the register (with the names arranged alphabetically) as at the end of the preceding calendar year.

The Registrar

7.—(1) There shall be a Registrar who shall be charged with the duty of maintaining the register and the special record in accordance with these Rules and who shall, subject thereto and to any general directions of the Comptroller under rule 21 below, be under the directions of the Institute.

(2) The Registrar shall be appointed by the Institute for a period of one year and shall on ceasing to hold office be eligible for reappointment. He shall hold and vacate his office in accordance with such terms and conditions as the Institute may, after consultation with the Comptroller, determine.

Qualifying examinations

8.—(1) The Institute may, by regulations made by it after consultation with the Chartered Institute of Patent Agents and with the approval of the Comptroller, make provision for such educational qualifications, training and qualifying examinations (which examinations shall be offered at least once in every year) as it considers appropriate for the registration of persons under these Rules and shall, subject to any such regulations and any general directions of the Comptroller under rule 21 below, have the entire management and control of such examinations.

(2) Any such regulations may make transitional provision for candidates who have, before the coming into force of the regulations, entered for any examinations held or to be held by the Institute for the purpose of admission to ordinary membership of the Institute to complete or take the same or part or parts thereof or such other examinations in lieu thereof within such time and subject to such conditions as may be specified.

Qualifications for registration

9.—(1) Subject to paragraph (2) below, each of the following persons shall qualify for registration under these Rules–

(a)

(a) a person who has passed the qualifying examinations of the Institute and who has completed–

(b)

(b) a Fellow or an ordinary member of the Institute;

(c)

(c) a person, being a registered patent agent, or barrister, solicitor, or in Scotland or the Isle of Man, an advocate, who has in the period of eight years immediately preceding the date he seeks to have his name entered in the register under rule 10 below completed a total of three years' practice in trade mark agency work;

(d)

(d) a person who has in the period of eleven years immediately preceding the date he seeks to have his name entered in the register under rule 10 below completed a total of eight years of full-time practice in trade mark agency work; and

(e)

(e) a person who passed in March 1990 the examination paper, entitled “Advanced Trade Marks Practice (T3)”, set by the Chartered Institute of Patents Agents, and–

(2) A person mentioned in sub-paragraph (b), (c) or (d) above shall not be entitled, by virtue of his qualification for registration thereunder, to have his name entered in the register under rule 10 below after the expiration of–

(a)

(a) in the case of the person mentioned in sub-paragraph (b) above, the period of three years commencing from the operative date;

(b)

(b) in the case of the person mentioned in sub-paragraph (c) above, the period of four years commencing from the operative date; and

(c)

(c) in the case of the person mentioned in sub-paragraph (d) above, the period of two years commencing from the operative date.

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