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wS\X2010621
The
Gazette of Pakistan
ISLAMABAD, SATURDAY, JUNE 23, 2001
PART II
Statutory Notifications (S.R.O.)
GOVERNMENT OF PAKISTAN
MINISTRY OF COMMERCE
NOTIFICATION
Islamabad, the 21st June, 2001
S.R.O. 467(I)/2001.-- In exercise of the powers conferred by section 84 of the Trade Marks Act 1940 (V of 1940), the Federal Government is pleased to direct that the following amendments shall be made in the revised Trade Mark Rules 1963, the same having been previously published, as required by sub-section (1) of that section, namely the first schedule as following which will come into effect after expiry of 30th day of date of issue of this notification:--
THE FIRST SCHEDULE
(See Rule 3)
FEES
Number of entry |
On what payable |
Amount |
Corresponding Form No. |
1 |
2 |
3 |
4 |
| 1. | On application not otherwise charged to register a trade mark for a specification of goods included in one class (section 14). | 1000 | TM-1 or TM-2 |
| 2. | On application to register a series of trade marks under section 11 for a specification of goods included in one class | 1000 | TM-1 or TM-2 |
| 3. | On application to register a defensive trade mark under section 38 for a specification of goods included in one class. | 1000 | TM-3 |
| 4. | On application under section 53 to register a certification trade mark for a specification of goods included in one class. | 1000 | TM-4 |
| 5. | On application made at the same time under section 53 to register one certification trade mark for specifications of goods not all included in the class respect of every class. | 1000 | TM-4 |
| 6. | On application to register a textile mark, other than a certification trade mark, consisting of numerals or letters or any combination thereof in one class for specification of goods not included in any of the items of the Fifth Schedule. | 1000 | TM-52 |
| 7. | On application to register a textile mark, other than a certification trade mark, consisting exclusively of a word or words (not being an invented word or invented words) in one class. | 1000 | TM-51 |
| 8. | On application to register a textile mark, other than a certification trade mark, consisting exclusively of numerals or letters or any combination thereof for specification of goods included in one item under rule 102. | 1000 | TM-53 |
| 9. | On a request under section 14(2) to state grounds of decision. | 500 | TM-15 |
| 10. | On notice of opposition under section 15(2) for each application opposed. | 3000 | TM-5 |
| 11. | On a counter-statement in answer to a notice of opposition under section 15, for each application opposed, or in answer to an application under any of the section 37, 38 and 46 in respect of each trade mark; or in answer to a notice of opposition under section 48 or rule 75, for each application or conversion opposed. | 500 | TM-6 |
| 12. | On notice of intention to attend hearing under any of the sections 15, 37, 38, 46 and 48 or under rule 75 by each party to the proceeding concerned. | 200 | TM-7 |
| 13. | On notice of opposition before the Federal Government under section 55(2) for each application opposed. | 500 | TM-8 |
| 14. | On a counter-statement is answer to a notice of opposition before the Federal Government under section 55(2) for each application opposed. | 250 | TM-9 |
| 15. | On notice of intention to attend hearing of each opposition before the Federal Government under section 55 (2) by applicant and by opponent respectively. | 300 | TM-10 |
| 16. | For one registration of a trade mark not otherwise charged, in respect of an application for a specification of goods included in one class. | 3000 | TM-11 |
| 17. | For one registration of a series of trade marks under section 11(3) in respect of any application for a specification of goods included in one class. | 3000 | TM-11 |
| 18. | For one registration of a textile mark, other than a certification trade mark, consisting of numerals or any combination thereof, in respect of an, application for specification of goods not included in any of the items of the Fifth Schedule. | 3000 | TM-11 |
| 19. | For one registration of a textile trade mark, other than a certification trade mark, consisting exclusively of a word or words (not being an invented word or invented words) in respect of an application for specification of goods included in one class. | 3000 | TM-11 |
| 20. | For one registration of a textile mark, other than a certification trade mark, consisting of letters or numerals or any combination thereof, in respect of an application for specification of goods included in one item under rule 102. | 3000 | TM-11 |
| 21. | For registration under section 53 of a certification trade mark, in respect of an application for a specification of goods included in one class. | 3000 | TM-11 |
| 22. | For registration upon applications made at the same time of one certification trade mark, under section 53, for specification of goods not all included in one class. | 3000 | TM-11 |
| 23. | For one registration of defensive trade mark under section 38, in respect of an application for specification of goods included in one class. | 3000 | TM-11 |
| 24. | For each addition to the registered entry of a trade mark of a note that the mark is associated with a newly registered mark. | 100 | TM-11 |
| 25. | On application under section 12(4) to dissolve the association between registered trade marks. | 300 | TM-14 |
| 26. | For renewal under section 18 of the registration of a trade mark at the expiration of the last registration, not otherwise charged. | 5000 | TM-12 |
| 27. | For renewal under section 18 of the registration of a textile trade mark, other than a certification trade mark, consisting of letters or numerals or any combination thereof for specification of goods included in one item under rule 102 at the expiration of the last registration. | 5000 | TM-12 |
| 28. | For renewal under section 18 of registration of a series of trade marks at the expiration of the last registration. For series mark. | 5000 | TM-12 |
| 29. | For the renewal under section 18 of registration of the same certification trade mark with the same date for goods in more than one class in respect of every class. | 5000 | TM-12 |
| 30. | Additional fee under rule 48 for late payment of renewal fee. | 300 | TM-12 |
| 31. | On request for restoration under rule 49 of a trade mark removed from the register. | 100 | TM-13 |
| 32. | On application for
certificate of the Registrar under section 31(2). For each mark proposed to be assigned. For every additional mark proposed to be assigned. |
300 100 |
TM-17 |
| 33. | On application for
approval of the Registrar and section 32- For first mark. For every additional mark. |
300 100 |
TM-19 |
| 34. | On application under
section 33 for directions of the Registrar for advertisement of assignment of trade marks
in use, without goodwill- For first mark assigned. For every additional mark |
200 100 |
TM-20 |
| 35. | On application for
extension of time for applying for directions under section 33 for advertisement of
assignment of trade marks in use, without goodwill, in respect of one devolution of title- Note exceeding one month. Not exceeding two months. Not exceeding three months. |
200 400 600 |
TM-21 |
| 36. | On application under section 34(1) for consent of the Federal Government to the assignment or transmission of a certification trade mark. | 200 | TM-22 |
| 37. | On application under
section 35 to register a subsequent proprietor in a case of assignment or transmission of
a single trade mark. If made within six months from the date of acquisition of proprietorship. If made after expiration of six months from the date of acquisition of proprietorship. |
2000 2500 |
TM-23 or TM-24 |
| 38. | On application under
section 35 to register/subsequent propertor of more that one trade mark registered in the
same name, the devolution of title being the same in each case. If made within six months from the date of acquisition of proprietorship. For the first mark. For additional mark. If made after expiration of six months from the date of acquisition of proprietorship. For the first mark. For addition mark. |
2000 500 2500 500 |
TM-23 or TM-24 |
| 39. | On application under
section 36(3) for extension of time for registering a company as subsequent proprietor of
trade marks on one assignment-, Not exceeding two months. Not exceeding four months. Not exceeding six months. |
200 400 600 |
TM-25 |
| 40. | On application under any of the section 37, 38 and 46 for rectification of the register or removal of trade mark from the register. | 750 | TM-26 |
| 41. | On application under rule 67 for leave to intervene in proceedings under any of the section 37, 38 and 46 for rectification of the register or removal of trade mark from the register. | 500 | TM-27 |
| 42. | On application under section 41 to register a registered user of a registered trade mark in respect of goods within the specification thereof. | 1000 | TM-28 |
| 43. | On application under
section 41 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 first mark. For every additional mark. |
1000 250 |
TM-28 |
| 44. | On application under
clause(a) of section 42 to vary the entry of a registered user- For first mark. For every additional mark. |
500 250 |
TM-29 |
| 45. | On application under
clause (b) of section 42 for cancellation of the entry of a registered user- For the first mark. For every additional mark of the same proprietor which the same register user is register, included in the application. |
500 100 |
TM-30 |
| 46. | On application under
clause (c) of section 42 to cancel the entry of a registered user- For the first mark. For every additional mark of the same proprietor for which the same register user is registered, included in the application. |
500 100 |
TM-31 |
| 47. | On notice under rule 63 of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of trade marks. | 250 | TM-32 |
| 48. | On application under
section 47 to change the name or description of a proprietor or registered user where
there has been no change in the proprietorship or in the identity of the registered user- For the first mark. For every additional mark. |
500 100 |
TM-33 |
| 49. | On application under
section 47 to alter or more entries of the trade or business address of a registered
proprietor or a 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 68)-- For the first entry. For every additional entry. |
200 50 |
TM-34 |
| 50. | On application to
cancel or mark 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 in the same on
application made after the registration in each case- For the first entry. For every additional entry. |
100 50 |
TM-50 |
| 51. | On application to
alter one or more entries of an address for service in the register included in one
application for alteration, where the address and the alteration in each case are the
same- For the first entry. For every additional entry. |
100 50 |
TM-50 |
| 52. | On application under clause (c)(d) or (e) of section 47(1) for cancelling the entry or part of the entry of a trade mark or for entry of disclaimer or memorandum upon the register. | 200 200 200 |
TM-35 or TM-36 or TM-37 |
| 53. | On application under
section 48 for leave to add to or alter a Registered trade mark For the first registration. For each additional registration. |
1000 100 |
TM-38 |
| 54. | On notice of opposition under section 48(2) to an application for leave to add to or alter registered trade mark for each application opposed. | 500 | TM-39 |
| 55. | On application under section 49 for conversion of specification. | 150 | TM-40 |
| 56. | On notice of
opposition under section 49(2) to a conversion of the specification or specifications of a
registered trade mark or registered trade mark- For the first mark. For every additional mark. |
500 150 |
TM-41 |
| 57. | On application under
section 56 for alteration of the deposited regulations of a certification trade mark- For the regulations of one registration. For the same or substantially same regulations of each additional registration proposed to be altered in the same way and included in the same application. |
300 50 |
TM-42 |
| 58. | On application to the Federal Government Under section 59 to expunge or vary the registration of a certification trade mark or to vary the deposited regulations of a certification trade mark or certification trade marks of the same registered proprietor where the regulations are substantially the same. | 600 | TM-43 |
| 59. | On request for search under rule 87 in respect of each class. | 500 | TM-54 |
| 60. | On request under
rule 103 for entering marks in a Refused Textile marks List- For each mark in each class. |
100 | TM-44 |
| 61. | For the continuance
of a mark in a Refused Textile Marks List under rule 104, in each class or in each item of
the Fifth Schedule, as the case may be, for each period of fifteen years- Before the expiry of 7 years from the date of application to register the mark. Before the expiry of the period upto which continuance of the mark in the list was last allowed. |
250 250 |
TM-45 |
| 62. | On request for certificate of the Registrar under any of the sections 20(1) and 75 Other than certificate under section 16(2). | 500 | TM-46 |
| 63. | On request for certificate of the Registrar (other than certificate under section 16(2) of the registration of a series of trade marks under section (11). | 500 | TM-46 |
| 64. | On request to enter
in the register and advertise a certificate of validity, under rule 85- For the first registration certified. For every additional registration. |
300 50 |
TM-47 |
| 65. | On request not otherwise charged, fro correction of clerical error or for permission to amend application. | 200 | TM-16 |
| 66. | On application for extension of time under any of the rules 24(2) and 76. | 500 | TM-55 |
| 67. | On application for
restoration of a trade mark abandoned for non-compliance of the requirements of the
Registry. See section 16(3) and rule 24(2). |
500 | TM-56 |
| 68. | On petitions (not otherwise charged) for review of Registrars order or for obtaining Registrars orders on any interlocutory matter in a contested proceeding. | 500 | |
| 69. | For inspecting register or the Refused Textile Marks List or copies thereof or notice of opposition, counter statement or decision in connection with any opposition or application rectification of the register relating to any particular trade mark, or such other document as may be specified by the Federal Government by notification from time to time in the Journal, for every quarter of an hour or part thereof. | 100 | |
| 70. | For permission to search amongst the classified representations of trade marks, for each quarter of an hour. | 100 | |
| 71. | For office copy of documents. | 20 | For every hundred words subject to minimum Rs. 100. |
| 72. | For photographic of documents. | Cost according to agreement. | |
| 73. | Entry 73 omitted by S.R.O. 507(1)/77, dated 11-6-1977. | ||
| 74. | On application for registration as a trade marks agent under rule 131. | 1000 | |
| 75. | For registration of a person as a trade marks agent under rule 133. | 2000 | |
| 76. | For continuance of
the name of a person in the register under rule 134:-- (a) For the whole life of the registered agent, by a single consolidated payment, or, (b) From year to year:-- (i) For every year (excluding the first year) to be paid on the 1st of July in each year. (ii) For the first year, to be paid alongwith the fee for registration. In the case of a person registered at any time between the 1st of July and 31st of December. In the case of person registered at any time between the 1st January and 30th June following. N.B.-- A year for this purpose will commence on the 1st day of July and end on the 30 day of June following. |
500 300 200 |
|
| 77. | On application for restoration of the name of a person to the Agents Register under rule 136. | 500 | TM-2 |
| 78. | On application for an alteration of any entry in the Agents Register under rule 137. | 200 | TM-3 |
[No. 1 (22)/97-UNCTAD.]
TARIQ AHAD NAWAZ,
Deputy Secretary
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