Statutory Instruments
2006 No. 3039
TRADE MARKS
The Trade Marks (Amendment) Rules 2006
Made
16th November 2006
Laid before Parliament
20th November 2006
Coming into force
1st January 2007
The Secretary of State makes the following Rules in exercise of the powers conferred by sections 65 and 78 of the Trade Marks Act 1994( 1 ):
1. These Rules may be cited as the Trade Marks (Amendment) Rules 2006 and shall come into force on 1st January 2007.
2. The Trade Marks Rules 2000( 2 ) shall be amended as follows.
3. For rule 7 substitute—
“ Classification of goods and services; s 34
7. —(1) The prescribed system of classification for the purposes of the registration of trade marks is the Nice Classification.
(2) When a trade mark is registered it shall be classified according to the version of the Nice Classification that had effect on the date of application for registration.
(3) In these Rules—
(a) the “Nice Agreement” means the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15th June 1957, which was last amended on 28th September 1979; and
(b) the “Nice Classification” means the system of classification under the Nice Agreement. ” .
4. In rule 8 for “Schedule 4”, wherever it occurs, substitute “the Nice Classification”.
5. In paragraphs (3) and (4) of rule 23—
(a) after “Schedule 1”, wherever it occurs, insert “of the Act”;
(b) after “Schedule 2”, wherever it occurs, insert “of the Act”.
6. In rule 46, for paragraph (1) substitute—
“ (1) The registrar may amend an entry in the register which relates to the classification of a registered trade mark so that it accords with the current Nice Classification. ” .
7. The instruments set out in the Schedule (revocations) are revoked to the extent specified.
Malcolm Wicks
Minister of State for Science and Innovation
Department of Trade and Industry
16th November 2006
Rule 7
SCHEDULE REVOCATIONS
Title and number | Extent of revocation |
---|---|
The Trade Marks Rules 2000 ( SI 2000/136 ) | Schedules 3 and 4. |
The Trade Marks (Amendment) Rules 2001 ( SI 2001/3832 ) | Rules 3 to 5. Rules 7 and 8. |
S.I. 2000/136 , amended by S.I. 2001/3832 and 2004/947 .