Trade Marks Rules, 1963

• Jurisdiction: Ireland
• Citation: IR SI 268/1963

S.I. No. 268 of 1963.
TRADE MARKS RULES, 1963.
ARRANGEMENT OF RULES.
GENERAL.
Rule.
1. Short title.
2. Interpretation.
3. Commencement.
4. Fees.
5. Method of payment of fees.
6. Classification of goods.
7. Signature of documents.
8. Leaving and serving documents.
9. Documents in a foreign language.
10. Address for service.
11. Authorisation of agent.
MATTERS NOT REGISTRABLE.
12. Precluded words, signs or symbols.
13. Arms, flags and emblems.
14. Representations of persons.
15. Name or description of goods.
APPLICATION FOR PRELIMINARY ADVICE AND NOTICE OF WITHDRAWAL UNDER SECTION 48.
16. Applications under section 48.
APPLICATION FOR REGISTRATION OF A TRADE MARK.
17. Form of application for registration.
18. Application under International Agreements.
19. Representation of mark to accompany application.
20. Evidence of use of mark in support of application for registration.
21. Separate applications.
PROCEDURE ON RECEIPT OF APPLICATION TO REGISTER A TRADE MARK.
Rule.
22. Search.
23. Controller's acceptance, objection or conditional acceptance.
24. Controller's objection; reply, hearing.
25. Controller's conditional acceptance; hearing.
26. Decision on hearing.
27. Disclaimer.
DEFENSIVE TRADE MARKS.
28. Application under section 35.
CERTIFICATION TRADE MARKS.
29. Application under section 45.
30. Authorisation to proceed.
31. Statement of case; draft regulations.
32. Directions by Minister.
ADVERTISEMENT OF APPLICATION.
33. Advertisement procedure.
34. Blocks.
OPPOSITION TO REGISTRATION OF A TRADE MARK.
35. Notice of opposition to registration.
36. Counter-statement.
37. Evidence in support of opposition.
38. Evidence in support of application.
39. Evidence in reply by opponent.
40. Further evidence.
41. Exhibits.
42. Hearing.
43. Written statement of grounds of decision.
44. Extension of time.
45. Security for costs.
46. Costs in uncontested case.
47. Opposition to application under section 45.
NON-COMPLETION.
Rule.
48. Non-completion within twelve months.
ENTRY OF THE TRADE MARK IN THE REGISTER.
49. Entry of trade mark in register.
50. Death of applicant before registration.
51. Form of certificate of registration.
ASSOCIATED MARKS.
52. Associated Marks.
53. Application to dissolve association between associated trade marks.
RENEWAL, REMOVAL, RESTORATION.
54. Renewal of registration.
55. Notice before removal of trade mark from register.
56. Advertisement of non-payment.
57. Removal of trade mark from register and restoration and renewal.
58. Record of removal of mark.
59. Notice and advertisement of renewal and restoration.
ASSIGNMENTS AND TRANSMISSIONS.
60. Application for entry of assignment or transmission.
61. Instruments and copies thereof.
62. Statement of case accompanying application.
63. Proof of title.
64. Application for entry of assignment without goodwill: additional requirement.
65. Period within which corporation may be registered under section 37 (4).
66. Entry of title in register.
67. Separate registrations.
68. Controller's certificate or approval as to certain assignments and transmissions.
69. Publication in Journal of notice of assignment without goodwill of trade mark in use.
APPLICATIONS TO THE CONTROLLER FOR RECTIFICATION.
Rule.
70. Application to the Controller to rectify, or remove a trade mark from the register.
71. Intervention by third parties.
ALTERATION OF THE REGISTER BY CORRECTION, CHANGE OF NAME OR ADDRESS, CANCELLATION, AMENDMENT OF GOODS, ETC.
72. Alteration of address.
73. Applications for correction of register under section 42 (1).
74. Advertisement of certain applications.
75. Certificates of validity to be noted.
76. Notice of Controller's intention to correct entry on register.
APPLICATIONS TO ALTER REGISTERED TRADE MARKS.
77. Alteration of registered mark.
78. Advertisement before decision.
79. Advertisement after decision: notification.
80. Advertisement illustration.
81. Alteration of certification trade mark regulations.
82. Minister's Orders for rectification of certification trade mark entries and regulations.
REGISTERED USERS.
83. Application for entry of registered user.
84. Documents to accompany application.
85. Relationship between proprietor and registered user.
86. Entry of user and notification.
87. Applications under section 36 (7) to vary entry of user.
88. Notification of receipt of application under section 36 (7).
89. Application to correct register under section 42 (2).
90. Certain consequential rectifications of register.
DISCRETIONARY POWER.
91. Hearing.
92. Application for hearing.
93. Notice of hearing.
94. Notification of decision.
95. Power to dispense with evidence.
96. Power to extend time.
97. Amendment of documents.
DECLARATIONS.
Rule.
98. Form of statutory declaration.
99. Person before whom statutory declaration made outside the State is to be taken.
100. Notice of seal of officer taking declaration to prove itself.
APPLICATIONS TO AND ORDERS OF COURT.
101. Application to Court.
102. Order of Court.
103. Publication of order of Court.
MISCELLANEOUS.
104. Office; days and hours of business.
105. Excluded days.
106. Inspection of documents.
107. Certain Certificates.
108. Certificates for use in obtaining registration abroad.
109. Searches.
110. Revocation.
SCHEDULE I.
FEES PAYABLE IN RELATION TO TRADE MARKS.
SCHEDULE II.
CLASSIFICATION OF GOODS.
SCHEDULE III.
THE HERALDIC CONVENTION: REPRESENTATION OF COLOURS.
SCHEDULE IV.
PART I.—FORM OF NOTICE OF NON-COMPLETION OF REGISTRATION.
PART II. —FORM OF CERTIFICATE OF REGISTRATION OF A TRADE MARK.
SCHEDULE V.
RULES REVOKED.
S.I. No. 268 of 1963.
TRADE MARKS RULES, 1963.
I, JOHN LYNCH, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 3 of the Trade Marks Act, 1963 (No. 9 of 1963), and in exercise, with the sanction of the Minister for Finance, of the powers conferred on me by section 4 of that Act, hereby make the following rules:
GENERAL.
	1 Short title.	1. These Rules may be cited as the Trade Marks Rules, 1963.
	2 Interpretation.	2. (1) In these Rules, unless the context otherwise requires—
"the Act" means the Trade Marks Act, 1963 (No. 9 of 1963);
"agent" means an agent duly authorised in accordance with these Rules;
"the Journal" means the Official Journal of Industrial and Commercial Property;
"the Office" means the Industrial and Commercial Property Registration Office, situate at 45 Merrion Square, Dublin 2;
"Schedule" means one of the Schedules to these Rules;
"section" means a section of the Act;
"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) In these Rules a subsection of a section is indicated by a number enclosed in brackets immediately following the number of the section.
	3 Commencement.	3. These Rules shall come into operation on such date as the Minister appoints under section 1 for the commencement of the Act.
	4 Fees.	4. The fees to be paid in relation to trade marks shall be those specified in Schedule I.
	5 Method of payment of fees.	5. (1) Save as provided in paragraph (2) or (3) of this Rule, payment of a fee or fees by any person shall be made—
(a) by lodgment of the sum at any branch in the State of the Bank of Ireland to the credit of the Paymaster-General's Supply Account at the Bank of Ireland, College Green, Dublin 2, accompanied by a Receivable Order in the form to be obtained at the Office, the lower part of which, when receipted by the Bank, shall be presented at the Office with the application, or
(b) by cheque payable to the Minister for Industry and Commerce and crossed "& Co." and guaranteed to the satisfaction of the Controller and drawn on any bank carrying on business in the State, and presented at the Office with the application.
(2) Payment of a fee or fees by a person who, at the date of the payment, is outside the State shall be made by banker's draft, or Post Office Money or Postal Order payable to the Minister for Industry and Commerce and crossed "& Co." and sent by post to the Office.
(3) A fee for the inspection of a register or document at the Office, for liberty to make a search amongst any classified representations of trade marks at the Office or for a publication may be paid in cash at the Office.
	6 Classification of goods.	6. For the purposes of the registration of trade marks and of registered users of trade marks and of the Rules relating thereto, goods are classified as in Schedule II.
	7 Signature of documents.	7. (1) 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 partner authorised to sign on behalf of the partnership, or by any other person who satisfies the Controller that he is authorised to sign the document.
(2) A document purporting to be signed for or on behalf of a body corporate shall be duly executed and signed by a director or the secretary of the body corporate or by any other person who satisfies the Controller that he is authorised to execute the document.
(3) A document purporting to be signed for or on behalf of an unincorporated body (not being a partnership) may be signed by any person who appears to the Controller to be duly authorised to sign it.
	8 Leaving and serving documents.	8. (1) Any application, notice or other document authorised or required under the Act or these Rules, to be left, made, or given at the Office, to the Controller or to...