Trade Marks (Amendment) Rules, 2005

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Date of promulgation: 

21 July 2005

STATUTORY INSTRUMENTS 2005 No. 58.

THE TRADE MARKS (AMENDMENT) RULES, 2005

ARRANGEMENT OF RULES

Rules

  1. Title.
  2. Amendment of S.I. 83-2.

STATUTORY INSTRUMENTS.

2005 No. 58. The Trade Marks (Amendment) Rules, 2005

In exercise of the powers conferred upon the Minister by sections 40 and 41 of the Trade Marks Act, these Rules are made this 21st day of July, 2004.

  1. Title

These Rules may be cited as the Trade Marks (Amendment) Rules, 2005.

  1. Amendment of S.I. 83-2

The Trade Marks Rules are amended by substituting for the First schedule to those Rules, the Schedule to these Rules.

SCHEDULE

FEES.

Item             Matter or proceeding                 Foreign Applicants

US$            National

Applicants Shs.       Corresponding

Form

1a             On application to register a series of trade marks under section 23 (2) for specification

150 50,000 TM. No. 2

1b             On application to register a defensive trade mark for a specification of goods in one class

170 55,000 TM. No. 31

1c              On application under section 39 to register a certification of goods included in one class

150 50,000 TM. No. 5

1d On application made at the same time under section 39 to register one certification trade

mark for a specification of goods not all included in one class In respect of every class total fees in no case to exceed Shs. 150,000 in case of a national application and US $ 900 in case of a Foreign application

150

50,000


  1. On request to the registrar to state grounds of decision relating to an application to register

a trade mark and materials used 150 50,000 TM. No. 4

  1. On notice of opposition before the registrar under section 20 for each application opposed

by opponent 250 100,000 tM No. 6 3a     On lodging a counter - statement in answer to a notice of opposition section 20 of

paragraph 2 (1) of the First Schedule for each application opposed by the applicant or in answer to a notice of opposition under any of the sections 20, 30, 35 and 36 by applicant and by proprietor, respectively or on hearing of an opposition under section 38 or 39 by proprietor and by opponent,

respectively 150 50,000 tM No. 7 3b         In hearing of such opposition under section 20 by applicant and by the opponent

respectively: or on the hearing of an application under any section 28, 29, 34 and 35 by applicant and by proprietor , respectively or on hearing of an opposition under section 37 or 38 by proprietor and

by opponent respectively

250

100,000

TM. No. 8

3 c             On notice of opposition before the court under sub - paragraph (1) of paragraph 2 of the

First Schedule to the Act for each application opposed by the opponent 250 100,000 Tm No. 36 3e            On hearing of each opposition before the courts under sub - paragraph (1) of paragraph 2

of the First Schedule to the Act by applicant and by opponent, respectively 250 100,000

TM No. 37

  1. For one registration of a trade mark not otherwise charged for a specification of goods

included in one class 250 250 100,000 TM No. 38 4a              For one registration of a series of trade marks under section 23 (4) for a specification of

goods include in one class:-

For the first mark And for every other mark of the series 250 20

100,000

10,000 TM No. 9

4b           For registration under section 39 of a certification trade mark for a specification of goods

included in one class 250 100,000 TM No. 9 4c       For registration upon application made at the same time of one certification trade mark,

under section 39 for specification of goods not all included in one class; In respect of every class.

Total fee in no case to exceed Shs. 200,000 250 100,000 TM No. 9 4d For one registration of defensive trade mark for a specification of goods included in one

class 300 120,000 TM. No. 9

  1. Upon each addition to the registered entry of a trade mark of a note that the trade mark is

associated with a newly registered mark 30 20,000 TM No. 9 5a Upon application to dissolve the association between registered trade marks 250

  1. TM No. 18
  1. On application to register a registered user of a registered trade mark in respect of goods

within the specification thereof 250 100,000 TM No. 48

6a           On application to register the same registered user of more than one registered trade mark

of the same registered proprietor in respect of goods within the respective specifications thereof and

subject to the same conditions and restrictions in each case For the first and every other mark of the proprietor included in the application and statement of case 250

30           100,000

  1. TM No. 48

TM No. 48

6b           On application by the proprietor of a single trade mark under paragraph (a) of section 30

(9) to vary the entries of a registered user thereof 250 100,000 TM No. 49 6c    On application by the proprietor of more than one trade mark under paragraph (a) of section

30 (9) to vary the entries of a registered user thereof: For every mark

And for every mark of the proprietor for which the same user is registered, included in the application 250

30           100,000

  1. TM No. 49

TM No. 49

6d           On application by the proprietor or registered user of a single trade mark under paragraph (b)

of section 30 (9) for cancellation of the entry of a registered user thereof               250 100,000 TM

No. 50

6e           On application by the proprietor or registered user of more than one trade mark under

paragraph (b) section 30(9) for cancellation of the entries of a registered user thereof

For the first mark for which the same user is registered, included in the application 250


  1. TM No. 50

TM No. 50

6f               On application under paragraph (c) of section 31(9) to cancel the entry of a registered user

of a single trade mark 250 100,000 TM No. 51

6g              On application under paragraph (c) of a registered user of a single trade mark

For the first mark and for every other mark of the same proprietor for which the same user is registered,

included in the application 250

40              100,000

  1. TM No. 51

TM No. 51

6h On notice under section 30 (10) and rule 100, of intention to intervene in one proceeding for the verification or cancellation of entries of a registered user of trade marks 40 30,000 TM No. 52

  1. On request to enter in the register and advertise a certificate of validity under section 46 and

rule 88

For the first registration certified in the same certificate And for every other registration certified in the same certificate

150

20

50.000

10.000

TM No. 47 TM No. 47

7a              On application under section 33 (4) (a) and rule 76 for extension of time for registration of a

corporation as subsequent proprietor of trade marks on one assignment :- not exceeding two months not exceeding four months


no exceeding six months

75

150

250

35.000

55.000

100.000

TM No. 13 TM No. 13 TM No. 13

  1. On application for certificate of the Registrar under section 25(5) and rule 79:- For the first

mark proposed to be assigned

And for every mark of the same proprietor included in that assignment 250 30 100,000 20,000 TM No. 39 TM No. 39

8a              On application for approval of the Registrar under section 24 (6) and rule 79:-

For the first mark

And for every mark assigned with The same devolution of title 250 30 100,000

20,000

TM No. 40 or 29 TM No. 40

8b              On application for directions by the Registrar for advertisement of trade marks in use

without good-will:-

For one mark assigned And for every mark assigned with the same devolution of title

65

30

35.000

  1.  TM No. 41

8c              On application for extension of time applying for directions for advertisement of trade

marks in use, without good-will, in respect of one devolution of title:-

not exceeding one month not exceeding two months not exceeding three months

55

75

250

25.000

35.000

100.000

TM No. 42 TM No. 42 TM No. 42

  1. On application to register a subsequent proprietor in case of assignment or transmission of

a single trade mark:-

If, made within six months from the date of acquisition of proprietorship or the coming into force of these Rules

If made after expiration of six months from the date of acquisition for proprietorship or the coming into force of these Rules

If made after expiration of twelve months from the date of acquisition for proprietorship or the coming into force of these Rules

75

250

300

35,000

100,000

120,000


TM No. 14 or 15 TM No. 14 or 15

9a              On application to register a subsequent proprietor of more than one trade mark standing in

same name, the devolution of the title being the same in each case:- If made within six months from the date of acquisition of proprietorship of the coming into force of these rules;

For the first mark And for every other mark

If made after expiration of six months from the date of acquisition of proprietorship of the coming into force of these Rules; For the first mark And for every other mark

If made after expiration of twelve months from the date of proprietorship or the coming into force of these Rules

And for every other mark

75

30

250

20

300

20

35.000

30.000

100,000 20,000

120,000 20,000

TM No. 14 or 15 TM No. 14 or 15 TM No. 14 or 15 TM No. 14 or 15 TM No. 14 or 15 TM No. 14 or 15

  1. On application to change the name or description of a proprietor or a registered user of a

single trade mark where there has been no change in the proprietorship or in the identity of the identity of the user 30 25,000 TM No. 20

10a On application to change the name or description of a proprietor or registered user of more than one trade mark standing in the same name where there has been no change in the proprietorship or in the identity of the use, the change being the same in each case: For the first mark And for every other mark of the series 40 30             25,000

  1. TM No. 20

TM No. 20

  1. For renewal of registration of a trade mark or trade marks at expiration of last registration

250 100,000 TM No. 10 11a For renewal of registration of a series of trade marks under section 23(2) at expiration of last registration:-

For the first mark of the series And for every other mark of the series

250

30

100,000 20,000

TM No. 10 TM No. 10

11b For renewal of registration of the same certification trade mark with the same date for goods

in more than one class in respect of every class :-

Total fee in no case to exceed Shs. 300,000 for every number of classes

250

100,000

TM no. 10

11c Additional fee under rule 67 65 35,000 TM No. 11 11d Restoration fee under Rule 68 250 100,000 TM No. 12

  1. On application to the registrar for leave to add to or alter a single trade mark 250
  1. TM No. 24

12a On application to the registrar for leave to add or to alter more than one registered trade mark of the same proprietor being identical marks, the addition or alteration to be made in each case

being the same:- For the first mark

And for every other mark

250

55

100,000

30,000

TM No. 27 TM No. 27

12b On notice of opposition to application for leave to add to or alter registered trade marks, for each application opposed 250 100,000 TM No. 45

  1. For altering one or more entries of the trade or business or registered proprietor or registered

user of a trade mark where the address in each case is the same and is altered in the same way (unless

exempted from fee under Rule 81):-

For the first entry

And for every other entry

30

20

25.000

20.000

TM No. 17 TM No. 17

  1. For every entry in the register of a rectification thereof or an alteration therein not otherwise changed 55 30,000 TM No. 46
  2. For cancelling the entry or part of the entry of trade mark upon the register on the application of the registered proprietor of the trade mark                                                                            30 20,000 TM No. 21 or 22
  3. On application under any of the sections 29, 30, 35 and 36 for rectification of the register or removal of a trade mark from the register 300 120,000 TM No. 25

16a On application for leave to intervene in proceedings under any of the sections 28, 29, 34, and 36 for rectification of the register or removal of trade mark from the register 75 300 35,000 TM No. 26

  1. On request not otherwise charged for correction of clerical error for permission to amend application 40 25,000 TM No. 19
  2. On request by registered proprietor of a trade mark for entry of disclaimer or memorandum in the register 40 25,000 TM No. 23
  3. On application to the court under rule 93 to expunge or vary the registration of a certification trade mark or to vary the deposited regulations of certification trade mark or of certification trade marks of the same substantially the same 250 100,000 TM No. 35

19a On request to the registrar by the registered roprietor of a certification trade mark to permit alteration of the deposited regulations thereof : - For the regulations of one such registration each For the same or substantially the same regulations of each other registration proposed to be altered in the same way and included in the same request

65

20

30,000

20,000

TM No. 34

TM No. 34

  1. On application by the registered proprietor under rule 6 for conversion of specification 30
  1. TM No. 43

20a On notice of opposition to convention of the specification or specifications of a registered trade mark or registered trade mark:- For one mark

For every other mark of the same proprietor having the same specification

250

30

100,000 20,000

TM No. 44 TM No. 44

  1. For a search under rule 114 in respect of one class:- Without application for the Registrars advice under Rule 20

With application for the Registrar’s advice under Rule 20

65

75

25.000

  1.  TM No. 27 TM No. 27
  1. On request for the registrar’s preliminary advice under rule 20 for each trade mark submitted in respect of one class 40 25,000 TM No. 28

23              For certificate to the registrar other than certificate under section 21(2) of the registration of

a series of trade marks under section 23(2) 45 25,000 TM NO. 30

  1. a For certificate of registrar other than certificate under section 21(2) of the registration of a series of trade marks under section 23 (2) 75 30,000 TM No. 30
  2. For cancelling one or more entries of an address for service of a registered proprietor or a registered user of a trade mark where the address in each case is the same, on application made after the registration in each case: - For the first entry

And for every other entry

30

20

20,000 10,000

TM No. 32 TM No. 32

24a For certificate of the registrar other than certificate under section 21(2) of the registration of a series of trade marks under section 23(2) 75 30,000 TM No. 30

  1. For inspecting register or notice of opposition, counter statement or decision in connection with any opposition or application for rectification of the register relating to any particular trade mark, for every quarter of an hour          20 10,000 TM No.
  2. For permission to search amongst the classified representations of trade marks, for every quarter of an hour20 10,000 -
  3. For office copy of documents, for every 100 words (but never less than Shs.1,000 20
  1. -
  1. For photographic of documents - -                -
  2. For certifying office copies M. S. or photographic or printed matter 40 25,000 -
  3. For extra space in the Gazette advertisement, in case where the printing block for the trade mark exceeds two inch or part of an inch over two inches in depth:-

For every inch or part of an inch over two inches in breadth For every inch or part of an inch over two inches in depth Cost according to agreement 25

  1. 15,000
  1. -

HAJAT JANAT B. MUKWAYA, Minister of Justice and Constitutional Affairs.