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Statutory Instruments

2001 No. 3832

TRADE MARKS

The Trade Marks (Amendment) Rules 2001

Made

29th November 2001

Laid before Parliament

4th December 2001

Coming into force

1st January 2002

The Secretary of State, in exercise of the powers conferred upon her by sections 34(1), 65 and 78 of the Trade Marks Act 1994( 1 ), after consultation with the Council on Tribunals pursuant to section 8(1) of the Tribunals and Inquiries Act 1992( 2 ), hereby makes the following Rules:—

1. These Rules may be cited as the Trade Marks (Amendment) Rules 2001 and shall come into force on 1st January 2002.

2. The Trade Marks Rules 2000( 3 ) are amended as set out in rules 3 to 8 below.

3. For rule 7 (classification of goods and services), there shall be substituted the following:

7. —(1) For the purposes of trade mark registrations dated before 1st January 2002, goods and services shall be classified in accordance with Schedule 3 ( 4 ) , except where a specification is reclassified under rule 46 below to Schedule 4.

(2) For the purposes of trade mark registrations dated on or after 1st January 2002, goods and services shall be classified in accordance with Schedule 4, which sets out the latest version of the classes of the International Classification of Goods and Services ( 5 ) .

4. —(1) In rule 8 (application may relate to more than one class and shall specify the class), for the words “Schedule 3”, in each place where they appear, there shall be substituted “Schedule 4”.

(2) The amendments made by this rule do not apply to applications made before 1st January 2002.

5. In rule 46(1)(a) (change of classification), for the words “Schedule 2 to one founded on Schedule 3” there shall be substituted “Schedule 3 to one founded on Schedule 4”.

6. Schedule 2 is hereby revoked.

7. In the heading to Schedule 3, for the words “Rule 7(2)” there shall be substituted “Rule 7(1)”.

8. After Schedule 3, there shall be inserted—

Rule 7(2)

SCHEDULE 4 CLASSIFICATION OF GOODS AND SERVICES

Goods

Services

Melanie Johnson,

Parliamentary Under-Secretary of State, for Competition, Consumers and Markets

Department of Trade and Industry

29th November 2001

( 1 )

1994 c. 26 .

( 2 )

1992 c. 53 .

( 3 )

S.I. 2000/136 .

( 4 )

Schedule 3 sets out the classes of the Seventh Edition of the International Classification of Goods and Services (the International Classification is referred to in the following footnote).

( 5 )

The International Classification is drawn up under the Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks of 15th June 1957 (as last revised on 13th May 1977) (Cmnd 7671). The latest version of the International Classification is the Eighth Edition which has a coming into force date of 1st January 2002.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Trade Marks (Amendment) Rules 2001 (2001/3832)

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The Trade Marks (Amendment) Rules 2001 2001 No. 3832 Rules revoked The Trade Marks Rules 2008 2008 No. 1797 Sch. 2 Not yet
The Trade Marks (Amendment) Rules 2001 2001 No. 3832 rules 3 - 8 rev (1.1.2007) The Trade Marks (Amendment) Rules 2006 2006 No. 3039 rule 7 schedule Not yet

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