TRADE MARKS RULES, 1938. Dated JULY 6, 1938.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1938/661 |
| Year | 1938 |
1938 No. 661
TRADE MARKS
Trade Marks Rules
THE TRADE MARKS RULES, 1938. DATED JULY 6, 1938.By virtue of the provisions of the Trade Marks Act, 1938, the Board of Trade do hereby make the following Rules:—
Short Title and Commencement
Short title and commencement
1. These Rules may be cited as the Trade Marks Rules, 1938, and shall come into operation on the 27th day of July, 1938, hereinafter called "the appointed day".
Interpretation
Interpretation.
2.—(1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—
"the Act" means the Trade Marks Act, 1938.
"agent" means an agent duly authorised to the satisfaction of the Registrar.
"the Journal" means the Trade Marks Journal.
"the Office" means the Patent Office, Trade Marks Registry, 25 Southampton Buildings, London, W.C.2, or any subsequent address thereof.
"the Manchester Branch" means the Manchester Branch of the Trade Marks Registry of the Patent Office, 51, Regent House, Cannon Street, Manchester, 4, or any subsequent address thereof.
"the Keeper" means the Keeper of the Manchester Branch.
"Schedule" means one of the Schedules appended to these Rules and numbered I, II, III and IV.
"Section" means a Section of the Act, a Subsection being indicated by a number enclosed in brackets immediately following the number of the Section.
"Specification" means the designation of goods in respect of which a trade mark, or a registered user of a trade mark, is registered or proposed to be registered.
(2) The Interpretation Act, 1889, shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.(a)
Fees
Fees.
3. The Fees to be paid in relation to Trade Marks shall be those prescribed in Schedule I.
Forms
Forms.
4. The forms herein referred to are those contained in Schedule II and such forms shall be used in all cases to which they are applicable, and may be modified as directed by the Registrar to meet other cases.
Classification of Goods
Classification of goods.
5. For the purposes of trade marks registrations dated before the appointed day, and of registrations of registered users thereunder, goods are classified in the manner appearing in Schedule III, unless any specification has been converted to Schedule IV in accordance with Rule 6.
For the purposes of trade marks registrations dated on or after the appointed day, and of registrations of registered users thereunder, and for the purposes of any registrations dated before that day whereof the specifications have been converted in accordance with Rule 6, goods are classified in the manner appearing in Schedule IV.
Re-Classification of Goods of old Registrations
Application by registered proprietors
6. Where the specification of a registered trade mark is founded on Schedule III the registered proprietor may apply to the Registrar on Form TM—No. 45 for the conversion of that specification so that
(a) Note:—Definitions in the Interpretation Act include the following:—
"Month" means calendar month.
"Person", unless the contrary intention appears, includes any body of persons, corporate or unincorporate.
Words in the singular shall include the plural, and words in the plural shall include the singular.
for conversion of specification. Registrar's proposal.
it may be founded on Schedule IV, whether with or without the strikingout of goods therefrom, but so that the registration retains its original date, and shall include in the application a request for the like conversion of the specification of the goods of any registered users under that registration. Thereupon the Registrar in accordance with Section 36 (3) shall notify in writing to the registered proprietor a proposal showing the form which, in the Registrar's view, the amendment of the register should take. Two or more registrations of a trade mark in respect of goods falling within the same class of Schedule IV, having the same date of registration, may be amalgamated upon conversion in accordance with this Rule.
Advertisement of proposal. Opposition.
7. The advertisement of a proposal for amendment under Section 36 (3) shall be made in the Journal, and notice of any opposition shall be given on Form TM—No. 46 within one month from the date of the advertisement, and shall be accompanied by an unstamped duplicate of the notice and by a statement in duplicate showing how the proposed conversion would be contrary to Section 36 (2). The Registrar shall forthwith send the duplicate copies to the registered proprietor who may, within one month from the receipt of such duplicates, send to the Registrar a counter-statement setting out fully the grounds on which the opposition is contested and if he does so he shall deliver to the opponent a copy thereof. The Registrar may thereupon require or admit evidence directed to the questions in issue, and if so desired by either party he shall, before deciding the matter, give the parties an opportunity of being heard thereon.
Conversion of specifications; resulting registrations.
8. When a proposal for the conversion of a specification in accordance with Rule 6 has been advertised and has not been opposed and the time for notice of opposition has expired, or having been opposed the opposition has been determined and a conversion allowed, the Registrar shall make all the entries in the register necessary to give effect to the conversion in accordance with the proposal as advertised, or the proposal as amended after opposition or appeal thereon and published subsequently in the Journal, and shall enter in the register the date when such entries were made. The expression "the expiration of the last registration" shall have regard to the same date in the case of all the resulting entries for the purpose of determining the next renewal thereof in accordance with Section 20 as it had with regard to the registration before conversion.
Documents
Size, &c., of documents.
9. Subject to any other directions that may be given by the Registrar, all applications, notices, statements, papers having representations affixed, or other documents authorised or required by the Act or these Rules to be made, left or sent, at or to the Office or the Manchester Branch, or with or to the Board of Trade, the Registrar, the Keeper or the Cutlers' Company, shall be upon strong paper and, except in the case of statutory declarations and affidavits, on one side only, of a size of approximately 13 inches by 8 inches, and shall have on the left-hand part thereof a margin of not less than one inch and a half.
Signature of documents by partnerships, companies, and associations.
10. A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by all the partners or by any qualified partner stating that he signs on behalf of the partnership, or by any other person who satisfies the Registrar that he is authorised to sign the document. A document purporting to be signed for or on behalf of a body corporate shall be signed by a director or by the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document. A document purporting to be signed for or on behalf of an association of persons may be signed by any person who appears to the Registrar to be duly qualified.
Service of documents.
11. All applications, notices, statements, papers having representations affixed, or other documents authorised or required by the Act or these Rules to be made, left or sent, at or to the Office or the Manchester Branch, or with or to the Board of Trade, the Registrar, the Keeper, the Cutlers' Company or any other person may be sent through the post by a prepaid letter; any application or any document so sent shall be deemed to have been made, left or sent at the time when the letter containing the same would be delivered in the ordinary course of post. In proving such sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.
Address
Address.
12. Where any person is by the Act or these Rules bound to furnish the Registrar with an address, the address given shall in all cases be as full as possible, for the purpose of enabling any person easily to find the place of trade or business of the person whose address is given.
The Registrar may require the address to include the name of the street, and the number in the street or name of the premises, if any.
Address for service.
13. The Registrar may require an applicant, opponent or agent, or a registered proprietor or registered user of a trade mark, who does not reside or carry on business within the United Kingdom to give an address for service within the United Kingdom, and such address may be treated as the actual address of that person for all purposes connected with the matter in question.
Any registered proprietor or registered user of a trade mark, or any person about to be registered as such, may, if he so desires, give upon Form TM—No. 33 an address for service for entry in the register, and such address may be entered by the Registrar.
All applications on Form TM—No. 33 under this Rule shall be signed by the applicant for registration or the registered proprietor or registered user, as the case may be, or by an agent expressly authorised by him for the purpose of such an application, unless in exceptional circumstances the Registrar otherwise allows.
In any case in which no address for service is entered in the register, the Registrar may treat the trade or business address of the registered proprietor or registered user as therein entered as his address for service for all purposes connected with the registration.
Any written communication addressed to a party or person as aforesaid at an address...
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