Reglamento de Marcas de Fábrica o de Comercio (R. 1/1955 N° 4 du 1972), Guyana

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SUBSIDIARY LEGISLATION

TRADE MARKS RULES

ARRANGEMENT OF RULES

SHORT TITLE

RULE 1. Citation and commencement.

INTERPRETATION

2. Interpretation.

FEES

3. Fees.

FORMS

4. Forms.

CLASSIFICATION OF GOODS

5. Classification of goods.

RE-CLASSIFICATION OF GOODS OF OLD REGISTRATIONS

6. Application by registered proprietors for conversion ofspecification. Registrar's proposal.

7. Advertisement of proposal. Opposition. 8. Conversion of specifications; resulting registrations.

DOCUMENTS

9. Size, &c., of documents. 10. Signature of documents by partnerships, companies and associa-

tions. 11. Service of documents.

ADDRESS

12. Address. 13. Address for service.

AGENTS

14. Agency.

REGISTRABLE TRADE MARKS AND PRELIMINARY ADVICE

15. Registrable trade marks. 16. Arms of Guyana flag, etc. 17. Arms of city, &c. 18. Living persons or persons recently dead. 19. Name or description of goods on a trade mark. 20. Preliminary advice by Registrar as to distinctiveness.

APPLICATION FOR REGISTRATION OF A TRADE MARK.

SPECIFICATION

21. Form of application. Specification. 22. Addresses for applications. 23. Representation of mark. 24. Additional forms and representations. 25. Representations to be durable.

26. Separate applications. 27. Representations to be satisfactory. 28. Specimens of trade marks in exceptional cases. 29. Series of trade marks. 30. Transliteration and translation.

PROCEDURE ON RECEIPT OF APPLICATION FOR REGISTRATION

OF A TRADE MARK

31. Search. 32. Acceptance, absolute or conditional; objection. 33. Registrar's objections. Hearing. 34. Registrar's conditions, &c. Hearing. 35. Decision of Registrar. 36. Disclaimer.

DEFENSIVE TRADE MARKS

37. Application under section 29.

CERTIFICATION TRADE MARKS

38. Application under section 39. 39. Authorisation to proceed. 40. Case; draft regulations. 41. Directions by the Minister.

ADVERTISEMENT OF APPLICATION

42. Advertisement of application. 43. Wood block or electrotype printing. 44. Advertisement of series. 45. Advertisement under section 20 or section 37.

OPPOSITION TO REGISTRATION

46. Opposition.

47. Notice of opposition. 48. Counter-statement. 49. Evidence in support of opposition. 50. Evidence in support of application. 51. Evidence in reply by opponent. 52. Further evidence. 53. Exhibits. 54. Hearing. 55. Extension of time. 56. Security for costs. 57. Costs in uncontested case. 58. Opposition to application under section 39.

NON-COMPLETION

59. Non-completion within 12 months.

ENTRY IN THE REGISTER, AND AsSOCIATED MARKS 60. Entry in register. 61. Associated marks. 62. Death of applicant before registration. 63. Certificate of registration.

RENEWAL

64. Renewal of registration. 65. Notice before removal of trade mark from register. 66. Second notice. 67. Advertisement of non-payment. 68. Removal of trade mark from register. 69. Record of removal of mark. 70. Notice and advertisement of renewal and restoration.

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ASSIGNMENTS AND TRANSMISSIONS

71. Joint application for entry of assignment or transmission. 72. Application for entry of assignment or transmission by subsequent

proprietor. 73. Particulars to be stated in application. 74. Case accompanying application. 75. Proof of title. 76. Application for entry of assignment without goodwill. 77. Entry in register. 78. Separate registrations. 79. Registrar's certificate or approval as to certain assignments and

transmissions. 80. Registrar's directions for advertisement of assignment without

goodwill of trade mark in use.

ALTERATION OF ADDRESS

81. Alteration of address in register.

APPLICATIONS TO THE REGISTRAR FOR RECTIFICATION

82. Application to rectify, or remove a trade mark from, the register. 83. Further procedure. 84. Intervention by third parties.

ApPLICATIONS FOR ALTERATION OF THE REGISTER BY

CORRECTION, CHANGE, CANCELLATION OR STRIKING OUT

GOODS, OR FOR ENTRY OF DISCLAIMER, MEMORANDUM

OR NOTE

85. Application under section 36(1). 86. Evidence. 87. Advertisement of certain applications. 88. Certificates of validity to be noted.

APPLICATIONS TO ALTER REGISTERED TRADE MARKS

89. Alteration of registered mark. 90. Advertisement before decision. 91. Decision. Advertisement. Notification. 92. Advertisement illustration.

MINISTER'S ORDERS FOR RECTIFICATION OF CERTIFICATION

TRADE MARK ENTRIES AND REGULATIONS

93. Rectification of certification trade mark entries by the Minister.

ALTERATION OF CERTIFICATION TRADE MARK REGULATIONS

94. Alteration of regulations.

REGISTERED USERS

95. Application for entry of registered user. 96. Entry and notification. 97. Registered proprietor's application to vary entry. 98. Application by registered proprietor or user to cancel entry. 99. Application under section 30(8)(c) to cancel entry.

100. Notification and hearing. 101. Registered user's application under section 36(2). 102. Cancellation by Registrar.

EXTENSION OF TIME

103. Extension of time.

DISCRETIONARY POWER

104. Hearing. 105. Application for hearing. 106. Notice of hearing. 107. Notification of decision.

POWER TO DISPENSE WITH: EVIDENCE

108. Dispensing with evidence.

AMENDMENTS

109. Amendment of documents.

CERTIFICATES

110. Certificates by Registrar. 111. Marks registered w~thout l~n:itation of colour. 112. Certificates for use In obtrumng registration abroad.

DECLARATIONS

113. Manner in which, and person before whom deClaration is to be taken. '

114. Notice of seal of officer taking declaration to prove itself.

SEARCH:

115. Searches.

DAYS AND HOURS OF BUSINESS

116. Days and hours.

ApPEALS TO THE COURT

117. Appeal to Court. 118. Notice of appeal. 119. Grounds of Appeal to be stated. 120. Directions by Court. 121. Hearing of appeal. 122. No appeal unless notice duly given. 123. Withdrawal of appeal.

APPLICATIONS TO AND ORDERS OF THE COURT

124. Application to Court. 125. Order of Court. 126. Publication of order of Court.

UNITED KINGDOM TRAD~ MARKS 127. Classification of marks. 128. Address for service. 129. Agency. 130. Application for registration. 131. Certificate of Registration. 132. Advertisement of registration. 133. Registration of declaration.

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R.l/1955 4 of 1972

Citation. and com- mencement.

Interpretation. [9 of 1937]

c.90:03.

134. Registration of assignment, &c. 135. Renewal. 136. Removal of trade mark. 137. Applications under section 5l. 138. Search. 139. Certificates by the Registrar. 140. Certified copy. FIRST SCHEDULE-Fees. SECOND SCHEDULE-Forms. THIRD SCHEDULE-Classification of goods. FOURTH SCHEDULE-Re-classification of goods of old regulations.

TRADE MARKS RULES

made under section 52

1. These Rules may be cited as the Trade Marks Rules and shall come into operation on 1st January, 1956.

INTERPRETATION

2. In these Rules- "agent" means a licensed patent agent under section 100 of the

Patent and Designs Act, duly authorised to the satisfaction ofthe Registrar;

"the appointed day" has the meaning assigned to it by section 2 of the Act;

"the Office" means the Patent Office, Trade Marks Registry, Deeds Registry, Georgetown;

"section" means a section of the Act;

"specifj.cation" 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.

FEES

Fees. 3. The fees to be paid in relation to Trade Marks shall be those First Schedule. prescribed in the First Schedule.

Forms. Second Schedule.

FORMS

4. The forms herein referred to are those contained in the Second Schedule and such forms shall be used in all cases to which they are

applicable, and may be modified as directed by the Registrar to meet other cases.

CLASSIFICATION OF GOODS

5. (1) For the purposes of trade marks registrations dated before Classification the appointed day, goods are classified in the manner appearing in T1!dodS. the Third Schedule unless any specification. has been converted to the Schedule. Fourth Schedule in accordance with rule 6. SFohurtdh

ul_ c e e. (2) For the purposes of trade marks registrations dated on or

after the appointed day, and of registrations of registered users there- under, and for the purposes of any registrations dated before that day whereof the specifications have been converted in accordance with rule 6, goods are classified in the manner appearing in the Fourth Schedule.

Conversion of specifications; resulting registrations.

Size, &c., of documents.

Signature of documents by partnerships, companies, and associa- tions.

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RE-CLASSIFICATION OF GOODS OF OLD REGISTRATIONS

6. Where the specification of a registered trade mark is founded on the Third Schedule the registered proprietor may apply to the Registrar on Form 44 for the conversion of that specification so that it may be founded on the Fourth Schedule, whether with or without the striking-out of goods therefrom, but so that the registration re- tains its original date. Thereupon the Registrar in accordance with section 38(3) shall notify in writing to the registered proprietor a proposal showing the form which, in the Registrar's view, the amendment of the register should take. Two or more registrations of a trade mark in respect of goods falling within the same class of the Fourth Schedule, having the same date of registration, may be amalgamated upon conversion in accordance with this rule.

Application by registered proprietors for conversion of specifica- tion. Registrar's proposal.

7. The advertisement of a proposal for amendment under section 38(3) shall be made in the Gazette, and notice of any opposition shall be given on Form 45 within one month from the date of the ad- vertisement, and shall be accompanied by a duplicate of the notice and by a statement in duplicate showing how the proposed conversion would be contrary to section 38(2). The Registrar shall forthwith send the duplicate copies to the registered proprietor who may, within one month from the receipt of such duplicates, send to the Registrar a counter-statement setting out fully the grounds on which the opposi- tion is contested and if the registered proprietor does so he shall de- liver to the opponent a copy thereof. The Registrar may thereupon require or admit evidence directed to the questions in issue, and if so desired by either party he shall, before deciding the matter, give the parties an opportunity of being heard thereon.

Advertisement of proposal. Opposition.

8. When a proposal for the conversion of a specification in accordance with rule 6 has been advertised and has not been opposed and the time for notice of opposition has expired, or having been opposed the opposition has been determined and a conversion allowed, the Registrar shall make all the entries in the register necessary to give effect to the conversion in accordance with the proposal as advertised, or the proposal as amended after opposition or appeal thereon and published subsequently in the Gazette, and shall enter in the register the date when such entries were made. The expression "the expiration of the last registration" shall have regard to the same date in the case of all the resulting entries for the purpose of determining the next renewal thereof in accordance with section 22 as it had with regard to the registration before conversion.

DOCUMENTS

9. Subject to any other directions that may be given by the Regis- trar, all applications, notices, statements, papers having representa- tions affixed, or other documents authorised or required by the Act to be made, left or sent, at or to the Office or with the Registrar, shall be upon strong paper and, except in the case of statutory declarations and affidavits, on one side only, of a size of approximately 13 inches by 8 inches, and shall have on the left-hand part thereof a margin of not less than one inch and a half.

10. 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 qualified partner stating that he signs on behalf of the partnership, or by any other person who satisfies the Registrar that he is authorised to sign the document. A

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Service of documents.

document purporting to be signed for or on behalf of a body cor- porate shall be signed by a director or by the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document. A document purporting to be signed for on on behalf of an association of persons may be signed by any person who appears to the Registrar to be duly qualified.

11. All applications, notices, statements, papers having representa- tions affixed, or other documents authorised or required by the Act to be made, left or sent, at or to the Office or with the Registrar or any other person may b~ sent through the post by a prepaid letter; any application or any document so sent shall be deemed to have been made, left or sent at the time when the letter containing the same wO\lld be delivered in the ordinary course of post. In proving such

sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.

ADDRESS

12. (1) Where any person is by the Act bound to furnish the Address. Registrar with an address, the address given shall in all cases be as full as possible, for the purpose of enabling any person easily to find the place of trade or business of the person whose address is given.

(2) The Registrar may require the address to include the name of the street, and the number in the street, or name of the premises, if any.

13. (1) The Registrar may require an applicant, opponent or Ad<I:ess for agent, or a registered proprietor or registered user of a trade mark, servIce. who does not reside or carryon business within Guyana to give an address for service within Guyana, and such address may be treated as the actual address of that person for all purposes connected with the matter in question.

(2) Any registered proprietor or registered user of a trade mark, or any person about to be registered as such, may, if he so desires, give upon Form 33 an address for service for entry in the register, and such address may be entered by the Registrar.

(3) All applications on Form 33 under this rule shall be signed by the applicant for registration or the registered proprietor or registered user, as the case may be, or by an agent expressly authorised by him for the purpose of such an application, unless in exceptional circumstances the Registrar otherwise allows.

(4) In any case in which no address for service is entered in the register, the Registrar may treat the trade or business address of the registered proprietor or registered user as therein entered as his address for service for all purposes connected with the registration.

(5) Any written communication addressed to a party or person as aforesaid at an address given by him, or treated by the Registrar, as his address for service shall be deemed to be properly addressed.

(6) The Registrar, at any time that a doubt arises as to the continued availability of an address for service entered in the register, may request the person for whom it is entered, by letter addressed to his trade or business address in the register, to confirm the address for service, and if within three months of making such a request the Registrar receives no confirmation of that address, he may strike it off the register.

Agency.

c.90:03

Registrable trade marks. [4 of 1972]

AGENTS

14. (1) Except as otherwise required by these Rules, anyapplica- tion, request or notice which is required or permitted by the Act to be made or given to the Registrar and all other communications be- tween an applicant or a person making such a request or giving such a notice and the Registrar, and between the registered proprietor or a registered user of a trade mark and the Registrar or any other person, may be signed, made or given by or through an agent.

(2) Any such applicant, person making request or giving notice, proprietor, or registered user may appoint an agent to act for him in any proceeding or matter before or affecting the Registrar under the Act by signing and sending to the Registrar an authority to that effect in Form i, or in such other written form as the Regis- trar may deem sufficient. In case of such appointment, service upon the agent of any document relating to the proceeding or matter shall be deemed to be service upon the person so appointing him, all com- munications directed to be made to such person in respect of the proceeding or matter may be addressed to such agent, and all attendances upon the Registrar relating thereto may be made by or through such agent. In any particular case the Registrar may require the personal signature or presence of an applicant, opponent, proprietor, registered user or other person.

(3) The Registrar shall not be bound to recognise as such agent any person who has been proved to him, or, on appeal, to the Court, to have been guilty of conduct discreditable to a trade mark agent or who has been convicted criminally or whose name has been struck off the Roll of Solicitors or Barristers, or, by reason of his having been adjudged guilty of conduct discreditable to a patent agent, erased from the Register of Patent Agents kept under the Patents and Designs Act and not since restored, or (during the term of his sus- pension) any person who has been suspended from acting as a solici- tor, barrister, or patent agent.

REGISTRABLE TRADE MARKS AND PRELIMINARY ADVICE

15. (1) The Registrar may refuse to accept any application for the registration of a mark upon which any of the following appear:

(a) the words "Patent," "Patented," "Registered," "Regis- tered Design," "Copyright," "Entered at Stationers' Hall," "To counterfeit this is a forgery," or words to like effect;

(b) the words "Red Cross" or "Geneva Cross," and representations of the Geneva and other crosses in red, or of the Swiss Federal cross in white on a red ground or silver on a red ground, or such representations in a similar colour or colours.

(2) Where there appears in a·trade mark the registration of which is applied for a representation of a cross in any colour, not being one of those mentioned in the last foregoing subparagraph, the Registrar may require the applicant as a condition of acceptance to undertake not to use the cross device in red, or in white on a red ground or silver on a red ground, or in any similar colour or colours.

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16. Representations of the Arms or Ensigns Armorial of the Ri;!- Arms of public of Guyana, the Seal of Guyana, the Arms of the Office of ~~yana flag, President of Guyana, the national flag of Guyana or the standard or: [4 of 1972] banner of the President or any device so nearly resembling the same as to be likely to lead to mistake, or the words "Republic", "Govern- ment", "State", "National" or "Presidential" or any other words,

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Preliminary advice by Registrar as to distinctive- ness.

Form of application. Specification.

letters or devices likely to lead persons to think that the applicant either has or recently has had the patronage or authorisation of the Government or the President, may not appear on trade marks the registration of which is applied for after the 23rd February, 1970, unless the consent of the President has been obtained and notice thereof published in the Gazette:

Provided that in special circumstances the President may exempt a particular trade mark from the application of this rule.

17. Where a representation of the armorial bearings, insignia, Arms of orders of chivalry, decorations or flags of any state, city, borough, city, &c. town, place, society, body corporate, institution or person appears on a mark, the Registrar, before proceeding to register the mark, shall, ifhe so require, be furnished with a consent to the registration and use of such emblems from such official or other person as appears to the Registrar to be entitled to give consent, and in default of such con- sent he may refuse to register the mark.

18. Where the name or representation of any person appears on a Living trade mark, the Registrar shall, ifhe so require, before proceeding to perso: or register the mark be furnished with consent from him or, in the case ~!:~~tly dead. of a person recently dead, from his legal representatives, and in default of such consent he may refuse to register the mark.

19. (1) Where the name or description of any goods appears on a trade mark the Registrar may refuse to register such mark in respect of any goods other than the goods so named or described.

(2) Where the name or description or any goods appears on a trade mark, which name or description in use varies, the Registrar may permit the registration of the mark for those and other goods, and in that case the applicant shall state in his application that the name or description will be varied when the mark is used upon goods covered by the specification other than the named or described goods.

20. (1) Any person who proposes to apply for the registration of a trade mark in Part A or Part B of the register in respect of any goods may apply to the Registrar on Form 29, or on Form 28 in a case where he is also making an application under rule 115, for advice as to whether the trade mark, of which duplicate representations shall accompany the Form, appears to the Registrar prima facie to be inherently adapted to distinguish within the meaning of section 11 or inherently capable of distinguishing within the meaning of section 12 as the case may be in relation to those goods, and shall apply separately in relation to goods comprised within different classes of goods in the Fourth Schedule.

(2) A notice ofwithdrawal of an application for the registration of a trade mark given under section 54(3) for the purpose of obtaining repayment of any fee paid on the filing of the application shall be given in writing within two months from the date of the notice of the Registrar's objection.

APPLICATION FOR REGISTRATION OF A TRADE MARK

SPECIFICATION

21. (1) An application to the Registrar for the registration of a trade mark shall be signed by the applicant or his agent. For a trade mark other than a Certification or Defensive trade mark the applica- tion shall be made on Form 2. For Certification or a Defensive trade mark the application shall be made on Form 6 or Form 32 respec- tively. Each application shall be for registration in respect of goods in one class of the Fourth Schedule only.

Name or description of goods on a trade mark.

(2) In the case of an application for registration in respect of all the goods included in a class, or of a large variety of goods the Registrar may refuse to accept the application unless he is satisfied that the specification is justified by the use of the mark which the applicant has made, or intends to make if and when it is registered.

Addresses for 22. All applications to register trade marks shall be made, ad- applications. dressed and sent to the Registrar at the office.

Representa- 23. (1) Every application for the registration of a trade mark shall tion of mark. contain a representation of the mark in the space provided on the

application form for that purpose. (2) Where the representation exceeds such space in size the

representation shall be mounted upon linen, tracing cloth or such other material as the Registrar may consider suitable. Part of the

mounting shall be affixed in the space aforesaid and the rest may be folded.

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24. There shall be sent with every application for registration of a Additional trade mark four additional representations of the mark on Form 4. forms antd

. f h k h li· d th ddi· a1 represen a-The representatIon 0 t e mar on t e app catIon an e a tIon tions. representations shall correspond exactly. The additional representa- tions shall in all cases be noted with all such particulars as may from time to time be required by the Registrar. Such particulars shall, if required, be signed by the applicant or his agent.

25. All representations of marks must be of a durable nature, but the applicant may in case of need supply, in place of representations on Form 4, representations on sheets of strong paper of the size prescribed in rule 9 and noted as aforesaid.

26. Applications for the registration of the same mark in different classes shall be treated as separate and distinct applications, and in all cases where a trade mark is registered under the same official number for goods in more than one class, whether on conversion of the specification under rule 6 or otherwise, the'registration in respect of the goods included in each separate class shall be deemed to be a separate registration for all the purposes of the Act.

Representa- tions to be durable.

Separate applications.

27. The Registrar, if dissatisfied with any representation of a Representa- mark, may at any time require another representation satisfactory to tions to be

satisfactory. him to be substituted before proceeding with the application.

28. (1) Where a d.rawing or other representation or specimen Specimens of cannot be given in manner aforesaid, a specimen or copy of the trade ?"ade mat~ksal

k b ·th f f 11 . d did· h m excep IOnmar may e sent el er 0 u SIze or on are uce sca e, an m suc cases. form as the Registrar may think most convenient.

(2) The Registrar may also, in exceptional cases, deposit in the office a specimen or copy of any trade mark which cannot con- veniently be shown by a representation, and may refer thereto in the register in such manner as he may think fit.

29. Where application is made for the registration of a series of Series of trade marks under section 23(2), a representation of each trade mark trade marks. of the series shall be included, all as aforesaid, in the application form, and in each of the accompanying Form 4,

30. (1) Where a trade mark contains a word or words in charac- Translitera- tion and

ters other than Roman, there shall, unless the Registrar otherwise translation.

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Search.

Acceptance, absolute or conditional; objection.

Registrar's objections. Hearing.

Registrar's conditions &c. Hearing.

directs, be indorsed on the application form, and on each of the accompanying Form 4, a sufficient transliteration and translation to the satisfaction of the Registrar of each of such words, and every such indorsement shall state the language to which the word belongs and shall be signed by the applicant or his agent.

(2) Where a trade mark contains a word or words in a language other than English, the Registrar may ask for an exact translation thereof together with the name of the language, and such translation and name, ifhe so requires, shall be indorsed and signed as aforesaid.

PROCEDURE ON RECEIPT OF APPLICATION FOR

REGISTRATION OF A TRADE MARK

31. Upon receipt of an application for the registration of a trade mark in respect of any goods the Registrar shall cause a search to be made, amongst the registered marks and pending applications, for the purpose of ascertaining whether there are on record in respect of the same goods or description of goods any marks identical with the mark applied for, or so nearly resembling it as to render the mark applied for likely to deceive or cause confusion, and the Registrar may cause the search to be renewed at any time before the acceptance of the application, but shall not be bound to do so.

32. After such search, and consideration of the application, and of any evidence of use or of distinctiveness or of any other matter which· the applicant mayor may be required to furnish, the Registrar may accept the application absolutely, or he may object to it, or he may express his willingness to accept it subject to such conditions, amend- ments, disclaimer, modifications or limitations as he may think right to impose.

33. If the Registrar objects to the application he shall inform the applicant of his objections in writing, and unless within one month the applicant applies for a hearing or makes a considered reply in . writing to those objections he shall be deemed to have withdrawn his application.

34. If the Registrar is willing to accept the application subject to any conditions, amendments, disclaimer, modifications or limitations, he shall communicate such willingness to the applicant in writing, and, if the applicant objects to such conditions, amendments, dis- claimer, modifications, or limitations he shall within one month from the date of the communication apply for a hearing or communicate his considered objections in writing, and if he does not do so he shall be deemed to have withdrawn his application. If the applicant does

not object to such conditions, amendments, disclaimer, modifications or limitations, he shall forthwith notify the Registrar in writing, and alter his application accordingly.

35. (1) The decisio.n of the Registrar, at a hearing as in rule 33 or Decision of rule 34, or without a hearing if the applicant has du1y communicated Registrar. his considered objections or considered reply, in writing, and has stated that he does not desire to be heard, shall be communicated to the applicant in writing, and if the applicant objects to such decision he may within one month by applying upon Form 5 require the Registrar to state in writing the grounds of, and the materials used by him in arriving at, his decision.

Authorisation to proceed.

Case; draft regulations.

Directions by the Minister.

(2) In a case where the Registrar makes any requirements to which the applicant does not object, the applicant shall comply there- with before the Registrar issues such statement in writing. The date when such statement is sent to the applicant shall be deemed to be the date of the Registrar's decision for the purpose of appeal.

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36. The Registrar may call on an applicant to insert in his applica- Disclaimer. tion such disclaimer as the Registrar may think fit, in order that the public generally may understand what the applicant's rights, if his mark is registered, will be.

DEFENSIVE TRADE MARKS

37. An application for the registration of a Defensive trade mark Application under section 29 shall be made, addressed and sent to the Registrar ::~~n 29. on Form 32, and shall be accompanied by a statement of case setting forth full particulars of the facts on which the applicant relies in support of his application, verified by a statutory declaration made by the applicant or some other person approved for the purpose by the Registrar. The applicant may send with this declaration, or subsequently, such other evidence as he may desire to furnish, whether after request made by the Registrar or otherwise, and the Registrar shall consider the whole of the evidence before deciding on the application. In all other respects, and where they are appropriate and it is not otherwise stated, these Rules shall apply to such applica- tions as they apply to the applications for the registration of ordinary trade marks.

CERTIFICATION TRADE MARKS

38. An application for the registration of a certification trade mark under section 39 shall be made to the Registrar upon Form 6, and shall be accompanied by two duplicates of the application on Form 6, and by six additional representations of the trade mark on Form 4.

Application under section 39.

39. (1) These Rules shall apply to such applications as they apply to applications for the registration of ordinary trade marks, except that for references therein to acceptance of an application there shall be substituted references to authorisation to proceed with the applica- tion, and that the applicant shall not be deemed to have abandoned his application if in the circumstances of rule 33 or rule 34 he does not apply for a hearing or reply in writing.

(2) The address of an applicant to register a certification trade mark shall be deemed to be a trade or business address for all the purposes for which such an address is required by these Rules.

40. The applicant shall send to the Registrar with his application or when required by the Registrar a case setting out the grounds on which he relies in support of his application together with draft regulations for governing the use of the mark and Form 34, all being in duplicate. The Registrar may communicate to the applicant any observations he may have to make on the sufficiency of the case or the suitability of the draft regulations and the applicant may modify either of those documents.

41. If the Registrar decides to authorise the application to proceed he shall report to the Minister and the Minister may at any time call. for such evidence, if any, as they think fit, and shall if required hear the applicant and the Registrar, before giving directions as provided in paragraph 1(5) of the Schedule to the Act. When such directions have been given and the application has been accepted, the regulations for governing the use of the mark approved by the Minister as well as the form of application, shall be open to public inspection.

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ADVERTISEMENT OF APPLICATION

Advertisement 42. (1) An application for the registration of a trade mark re- of application. quired or permitted to be advertised by section 20(1) or paragraph

2(1) of the Schedule to the Act, shall be advertised in the Gazette during such times and in such manner as the Registrar may direct. In the case of an application with which the Registrar proceeds only after the applicant has lodged the written .consent to the proposed registration of the registered proprietor of another trade mark or another applicant, the words "By Consent" shall appear in the advertisement.

(2) If no representation of the trade mark be included in the advertisement of the application, the Registrar shall refer in such advertisement to the place or places where a specimen or representa- tion of the trade mark is deposited for exhibition.

43. For the purposes of such advertisements the applicant may, at Wood block the appropriate time, supply or be required to supply a printing block or.elt~ctrotype

h if ) f h d k · c: pnn mg.

(or more t an one, necessary 0 tetra e mar satlslactory to the Registrar, of such dimensions as may from time to time be approved or directed by the Registrar, or shall supply such information or other means of advertising the trade mark as may be required by the Registrar; and the Registrar, if dissatisfied with the printing block supplied by the applicant or his agent, may require a fresh block before proceeding with the advertisement.

44. When an application relates to a series of trade marks differing Advertisement from one another in respect of the particulars mentioned in section of series. 23(2), the applicant may be required to supply a printing block (or more than one if necessary) satisfactory to the Registrar of any or of each of the trade marks constituting the series; or the Registrar may, if he thinks fit, insert with the advertisement of the application a statement of the manner in which the several trade marks differ from one another.

45. Advertisements under sections 20(10), 37(2) and 37(4) shall Advertisement mutatis mutandis be made in the same manner· as advertisements undti7r 20

li c: . . sec on or

relating to an app 'cation lor regIstratIOn. section 37.

OPPOSITION TO REGISTRATION

46. Any person may within one month from the date of any Opposition. advertisement in the Gazette of an application for registration of a trade mark give notice in Form 7 to the Registrar of opposition to the registration. .

47. The notice shall include a statement of the grounds upon Notice of which the opponent objects to the registration. If registration is opposition. opposed on the ground that the mark resembles marks already on the register, the numbers of such trade marks and the numbers of the Gazette in which they have been advertised shall be set out. The notice shall be accompanied by a duplicate which the Registrar will forthwith send to the applicant.

48. Within one month from the receipt of such duplicate the Counter- applicant shall send to the Registrar a counter-statement on Form 8 statement. setting out the grounds on which he relies as supporting his applica- tion. The applicant shall also set out what facts, if any, alleged in the notice of opposition he admits. The counter-statement shall be accompanied by a duplicate.

Evidence in support of opposition.

Evidence in support of application.

Evidence in reply by opponent.

Further evidence.

Exhibits.

Hearing.

49. Upon receipt of the counter-statement and duplicate the Registrar will forthwith send the duplicate to the opponent and within one month from the receipt of the duplicate the opponent shall leave with the Registrar such evidence by way of statutory declaration as he may desire to adduce in support of his opposition and shall deliver to the applicant copies thereof.

50. If an opponent leaves no evidence, he shall, unless the Regis- trar otherwise directs, be deemed to have abandoned his opposition but, if he does leave evidence, then, within one month from the receipt of the copies of declarations, the applicant shall leave with the Registrar such evidence by way of statutory declaration as he desires to adduce in support of his application and shall deliver to the op- ponent copies thereof.

51. Within fourteen days from the receipt by the opponent of the copies of the applicant's declarations the opponent may leave with the Registrar evidence by statutory declaration in reply, and shall deliver to the applicant copies thereof. This evidence shall be confined to matters strictly in reply.

52. No further evidence shall be left on either side but, in any pro- ceedings before the Registrar, he may at any time if he thinks fit give leave to either the applicant or the opponent to leave any evidence upon such terms as to costs or otherwise as he may think fit.

53. Where there are exhibits to declarations filed in an opposition, copies or impressions of such exhibits shall be sent to the other party on his request and at his expense, or, if such copies or impressions cannot conveniently be furnished, the originals shall be left with the Registrar in order that they may be open to inspection. The original exhibits shall be produced at the hearing unless the Registrar other- wise directs.

54. Upon completion of the evidence the Registrar shall give notice to the parties of a date when he will hear the arguments in the case. Such appointment shall be for a date at least fourteen days after the date of the notice, unless the parties consent to a shorter notice. Within seven days from the receipt of the notice any party who intends to appear shall so notify the Registrar on Form 9. A party who receives notice as aforesaid and who does not, within seven days from the receipt thereof, so notify the Registrar on Form 9, may be treated as not desiring to be heard and the Registrar may act accord- ingly.

55. Where in opposition proceedings any extension of time is granted to any party, the Registrar may thereafter, if he thinks fit, without giving the said party a hearing, grant any reasonable ex- tension of time to any other party in which to take any subsequent step.

56. Where a party giving notice of opposition or an applicant sending a counter-statement after receipt of a copy of such a notice neither resides nor carries on business in Guyana, the Registrar may require him to give security, in such form as the Registrar may deem sufficient, for the costs of the proceedings before the Registrar, for such amount as to the Registrar may seem fit, and at any stage in the opposition proceedings may require further security to be given at any time before giving his decision in the case.

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Extension of time.

Security for costs.

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Entry in register.

57. In the event of an opposition being uncontested by the appli- cant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was lodged.

Costs in uncontested case.

58. Within one month from the date of any advertisement in the Opposition to Gazette of an application for the registration of a certification trade ap~Iication mark, any person may give notice to the Registrar on Form 7 of ::t:n 39. opposition under paragraph 2 of the Schedule to the Act, and rules 47 to 57 (inclusive) shall apply to the proceedings thereon; and any person may give notice to the Registrar on Form 37 of opposition under paragraph 2(2) of the said Schedule, and Rules 47 to 57 (in- clusive) shall apply mutatis mutandis to the proceedings thereon, with substitution of Form 38 for Form 8, and of Form 39 for Form 9. In any case of doubt any party may apply to the Registrar for direc- tions.

NON-COMPLETION

59. Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar shall on Form 3 give notice in writing to the applicant at his trade or business address of the non-completion, but if the applicant has authorised an agent for the purpose of the application he shall instead send the notice to the agent and shall send a duplicate thereof to the applicant. If after fourteen days from the date when the notice was sent, or such further time as the Registrar may allow, the registration is not completed, the application shall be deemed to be abandoned.

ENTRY IN THE REGISTER, AND AsSOCIATED MARKS 60. (1) As soon as may be after the expiration of one month from

the date of the advertisement in the Gazette of any application for the registration of a trade mark, the Registrar shall, subject to any opposition and the determination thereof, and subject to the pro- visions of section 21(1), and upon payment of the prescribed fee on Form 10, enter the trade mark in the register. In those cases where the applicant has supplied a printing block in accordance with rule 43, he shall and with his fee a representation of the trade mark agreeing in all respects with the representation then appearing on the form of application, to be affixed by the Registrar to the certificate of registra- tion as required by rule 63. The entry of a trade mark in the register shall give the date of the registration, the goods in respect of which it is registered, and all particulars named in section 3(1), including both the trade or business address and the address for service (if an application on Form 33 for the entry thereof has been approved), particulars of trade, business, profession, occupation, or other description of the proprietor, particulars of any undertakings by the proprietor entered on the form of application, particulars affecting the scope of the registration or the rights conferred by the registration, and such other particulars as are prescribed.

(2) In the case of an application as aforesaid which the Registrar accepts only after the applicant has lodged the written consent to the proposed registration of the registered proprietor of another trade mark or another applicant for registration, the afore- said entry in the register shall state that it is "By Consent" and shall give the number of the previous registration or the application for registration.

Non- completion within 12 months.

Associated marks.

Death of applicant before registration.

61. (1) Where a mark is registered as associated with any other mark or marks the Registrar shall note in the register in connection with the first-mentioned mark the numbers of the marks with which it is associated and shall also note in the register in connection with each of the associated marks the number of the first-mentioned mark as being the mark associated therewith.

(2) An application by a registered proprietor under section 25(5) to the Registrar to dissolve the association between two or more associated trade marks shall be made on Form 19, and shall include a statement of the grounds of the application.

62. In case of the death of any applicant for the registration of a trade mark after the date of his application, and before the trade mark applied for has been entered in the register, the Registrar, after the expiration of the prescribed period of advertisement and the

determination of any opposition to the application, may, on being satisfied of the applicant's death, enter in the register, in place of the name of such deceased applicant, the name, address, and description of the person owning the trade mark, on such ownership being proved to the satisfaction of the Registrar.

Page 53

63. Upon the registration of a trade mark the Registrar shall issue Certificate of to the applicant a certificate in the Form 54, and shall affix thereto a registration. copy of the mark, which may be a representation thereof supplied by the applicant under rule 60.'

RENEWAL

64. At any time not more than three months before the expiration Ren~wal ~f of the last registration of a trade mark any person may leave at the RegIstratIOn. office a fee for the renewal of the registration of the mark upon Form 11, and, ifhe is not the registered proprietor, shall sign a state- ment on the Form that he is directed by the registered proprietor to pay the fee (if such be the case) and shall give his address. Before taking any further step the Registrar may either-(a) require the person leaving the fee to furnish within ten days an authority to pay the fee signed by the registered proprietor, and if he does not furnish such authority may return the fee and treat it as not received, or (b) Notification communicate with the registered proprietor stating that the fee has of recealiPfit of

. d d th h . . '11' d b d renew ee.been receIve an at t e regIstratIOn WI III ue course e renewe .

65. At a date not less than one month and not more than two Notice before months before the expiration of the last registration of a mark, if no ::~v~:~ fee upon Form 11 has been received, the Registrar shall notify the from register. registered proprietor in writing of the approaching expiration.

66. At a time not less than 14 days and not more than one month Sec~md before the expiration of the last registration of a mark the Registrar notIce. may, if no fee as aforesaid has been received, send a notice in writing to the registered proprietor at his trade or business address as well as at his address for service, if any.

67. If at the date of the expiration of the last registration of a Advertisement mark the renewal fee has not been paid, the Registrar shall advertise of non- t the fact forthwith in the Gazette, and if within one month of that paymen. advertisement the renewal fee upon Form 11, together with an additional fee upon Form 12, is received, he may renew the registra- tion without removing the mark from the register.

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Removal of trademark from register.

Restoration.

Record of removal of mark.

Notice and advertisement of renewal and restora- tion.

Joint applica- tion for entry of assignment or trans- mission.

Application for entry of assignment or transmission by subsequent proprietor.

Particulars to be stated in application.

Copies of documents.

Case accom- panying application.

68. Where, at the expiration of one month from the advertisement mentioned in the last foregoing rule, the fees therein mentioned have not been paid, the Registrar may remove the mark from the register as of the date of the expiration of the last registration, but may, upon payment of the renewal fee upon Form 11 together with a restoration fee upon Form 13, restore the mark to the register if satisfied that it is just so to do, and upon such conditions as he may think fit to impose.

69. Where a trade mark has been removed from the register, the Registrar shall cause to be entered in .the register a record of the removal and of the cause thereof.

70. Upon the renewal or restoration and renewal of a registration, a notice to that effect shall be sent to the registered proprietor and the renewal or restoration and renewal shall be advertised in the Gazette.

AsSIGNMENTS AND TRANSrvliSSIONS

71. Where a person becomes entitled by assignment or transmission to a registered trade mark he may, conjointly with the registered proprietor, make application to the Registrar on Form 15 to register his title.

72. Where a person becomes entitled to a registered trade mark in the manner referred to in rule 71, and no conjoint application as therein mentioned is made, he shall make application to the Registrar on Form 16 to register his title.

73. An application under rule 71 or rule 72 shall contain the name, trade or business address and description of the person claiming to be entitled, together with full particulars of the instrument, if any, under which he claims, and such instrument shall be produced for inspec- tion by the Registrar, preferably at the time of application. The full names of all the partners in a partnership shall be given in the body of the application. The Registrar may in any case require and retain an attested copy of any instrument produced for inspection in proof of title, but such copy shall not be open to public inspection.

74. Where in the case of an application on Fonn 15 or Fonn 16 the person applying for registration of his title does not claim under any document or instrument which is capable in itself of furnishing proof of his title, he shall, unless the Registrar otherwise directs, either upon or with the application, state a case setting forth the full particulars of the facts upon which his claim to be proprietor of the trade mark is based, and showing that the trade mark has been

assigned or transmitted to him. If the Registrar so require the case ~hall be verified by a statutory declaration on Form 17.

75. The Registrar may call on any person who applies to be registered as proprietor of a registered trade mark for such proof or additional proof of title as he may require for his satisfaction.

76. (1) An application under rule 71 or rule 72 relating to an assignment on or after the appointed day, of a trade mark in respect of any goods shall state (a) whether the trade mark was, at the time of the assignment, used in a business in any of those goods and (b) whether the assignment was made otherwise than in connection with the goodwill of that business, and, if both those circumstances sub-

Proof of title.

Application for entry of assignment without goodwill.

Registrar's certificate or approval as to certain assign- ments and transmissions.

Registrar's directions for advertisement of assignment without goodwill of trade mark in use.

sisted, then the applicant shall leave with the Registrar a copy of the Registrar's directions to advertise the assignment, obtained upon application under section 24(7) and rule 80, and such proof, including copies of advertisements or otherwise, as the Registrar may require that his directions have been fulfilled; and if the Registrar is not satisfied that the directions have been fulfilled, he shall not proceed with the application.

(2) For the purposes of section 31(4), the period within which a corporation may be registered as the subsequent proprietor of a registered trade mark, upon application made under rule 71 or rule 72, shall be six months from the date of advertisement in the Gazette of the registration of the trade mark or such further period not exceed- ing six months as the Registrar may allow, on application being made to him on Form 14 by the applicant for registration oftitle or the registered proprietor, as the case may be, at any time before or during the period for which the extension can be allowed.

77. When the Registrar is satisfied as to the title of the person Entry in claiming to be registered, he shall cause him to be registered as register. proprietor of the trade mark in respect of the relevant goods, and shall enter in the register his name, trade or business address and description and particulars of the assignment or transmission.

78. Where pursuant to an application under rule 71 or rule 72, and Separate

Page 55

as a result of a division and separation of the goods of a registration registrations. or a division and separation of places or markets, different persons become registered E:eparately under the same official number as subsequent proprietors of a trade mark, each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all the purposes of the Act.

79. Any person who desires to obtain the Registrar's certificate under section 24(5), or his notification of approval under section 24(6), of the Act shall send to the Registrar, with his application on Form 40, or 41, as the case may be, a statement of case in duplicate setting out the circumstances, and a copy of any instrument or pro- posed instrument effecting the assignment or transmission. The Registrar may call for any evidence or further information that he may consider necessary, and the statement of case shall be amended if required to include all the relevant circumstances and shall if re- quired be verified by a statutory declaration. The Registrar, after hearing if so required the applicant and any other person whom the Registrar may consider to be interested in the transfer, shall consider the matter and issue a certificate thereon or, a notification in writing of approval or disapproval thereof, as the case may be. Where a state- ment of case is amended, two fair copies thereof in its final form shall be left with the Registrar. The Registrar shall seal a copy of the state- ment of case in its final form to the certificate or notification.

80. (1) An application to the Registrar under section 24(7) shall be made by the assignee on Form 42 and shall state the date on which the assignment was made. The application shall give particu- lars of the registration in the case of a registered trade mark, and, in the case of an unregistered trade mark, shall show the mark and give particulars of the registered trade mark that has been assigned there- with in accordance with section 24(3). The Registrar may call for any evidence or further information, and ifhe is satisfied with regard to the various matters he shall issue directions in writing with respect to the advertisement of the assignment.

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Alteration of address in register.

(2) The Registrar may refuse to consider such an application in a case to which section 24(6) applies unless his approval has been obtained under the said subsection and a reference identifying the Registrar's notification of approval is included in the application.

(3) A request to the Registrar for an extension of the period within which the application may be made, which shall be on Form 43, may be made at any time before or during the pe:iod fo~ which extension can be allowed. The extension of the penod which the Registrar may allow shall not exceed three months.

ALTERATION OF ADDRESS

81. (1) A registered proprietor or registered user of a trade .mark whose trade or business address is changed so that the entry III the register is rendered incorrect, shall forthwit~ request the Regist:ar on Form 18 to make the appropriate alteratlOn of the address III the

register, and the Registrar shall alter the register accordingly if he is satisfied in the matter.

(2) A registered proprietor or registered user of a trade mark whose address for service in Guyana entered in the register is changed, whether by discontinuance of the entered address or otherwise, so that the entry in the register is rendered incorrect, shall forthwith request the Registrar on Form 33 to make the appropriate alteration of the address in the register, and the Registrar shall alter the register accordingly if he is satisfied in the matter.

(3) A registered proprietor or registered user of a trade mark whose registered trade or business address or address for service is altered by public authority, so that the changed address designates the same premises as before, may make the aforesaid request to the Registrar on a copy of Form 18 or a copy of Form 33, as the case may be, and if he does so he shall leave therewith a certificate of the alteration given by the said authority. If the Registrar is satisfied as to the facts of the case, he shall alter the register accordingly.

(4) In case of the alteration of the address of a person entered in the register as the address for service of more than one registered proprietor or registered user of trade marks, the Registrar may, on proof that the said address is the address of the applicant and if satisfied that it is just to do so, accept an application from that person on a Form 33 amended so as to suit the case for the appropriate alteration of the entries of his address as the address for service in the· several registrations, particulars of which shall be given in the Form, and may alter the entries accordingly.

(5) All applications under this rule on Form 33 shall be signed by the registered proprietor or the registered user, as the case may be, or by an agent expressly authorised by him for the purpose of such an application, unless in exceptional circumstances the Registrar otherwise allows.

APPLICATIONS TO THE REGISTRAR FOR RECTIFICATION

82. An application to the Registrar under any of the sections 28, Application to 29, 34 and 35 for the making, expunging or varying of any entry in the rectify, or register shall be made on Form 26, and shall be accompanied by a ~~~v~:rk statement setting out fully the nature of the applicant's interest, the fro,?! the facts upon which he bases his case and the relief which he seeks. regIster. Where the application is made by a person who is not the registered proprietor of the trade mark in question it shall be accompanied by a copy of the application and a copy of the statement, and these copies will be transmitted forthwith by the Registrar to the registered proprietor.

Further procedure.

Intervention by third parties.

Application under section 36(1).

Evidence.

Advertisement of certain applications.

Page 57

83. Upon such application being made, and copy thereof trans- mitted to the registered proprietor, if necessary, the provisions of rules 48 to 57 (inclusive) shall apply mutatis mutandis to the further proceedings thereon; but the Registrar shall not rectify the register or remove the mark from the register merely because the registered proprietor has not filed a counter-statement. In any case of doubt any party may apply to the Registrar for directions.

84. Any person other than the registered proprietor alleging interest in a registered trade mark in respect of which an application is made on Form 26 may apply to the Registrar on Form 27 for leave to intervene, stating thereon the nature of his interest, and the Registrar may refuse or grant such leave, after hearing (if so required) the parties concerned, upon such conditions and terms as he may deem fit. Before dealing in any way with the application for leave to intervene the Registrar may require the applicant to give an under- taking to pay such costs as in the circumstances he may award to any party.

APPLICATIONS FOR ALTERATION OF THE REGISTER BY

CORRECTION, CHANGE, CANCELLATION OR STRIKING

OUT GOODS, OR FOR ENTRY OF DISCLAIMER,

MEMORANDUM OR NOTE

85. An application to the Registrar under section 36(1) for the alteration of the register by correction, change, cancellation, or striking out goods, or for the entry of a disclaimer or memorandum, may be made by the registered proprietor of the trade mark or by the person as may satisfy the Registrar that he is entitled to act in the name of the registered proprietor. Such applications shall be made on Form 18, 20, 21, 22, 23, 24 or 33 as may be appropriate; but an application on Form 22 or 23, or 33 shall be signed by the registered proprietor or other person entitled under this Rille unless in excep- tional circumstances the Registrar otherwise allows, or, in the case of Form 33 only, it is signed by an agent expressly authorised for the purpose of such an application.

86. In the case of an application as in the last foregoing Rille, the Registrar may require such evidence by statutory declaration or otherwise as he may think fit as to the circumstances in which the application is made.

87. Where application is made, on Form 24, to enter a disclaimer or memorandum relating to a trade mark, the Registrar, before deciding upon such application, shall advertise the application in the Gazette in order to enable any person desiring so to do to state,

within one month of the advertisement, any reasons in writing against the making of the entry of the disclaimer or memorandum.

88. Where the Court has certified as provided in section 58 with regard to the validity of a registered trade mark, the registered proprietor thereof may request the Registrar on Form 48 to add to the entry in the register a note that the certificate of validity has been granted in the course of the proceedings, which shall be named in the Form. An office copy of the certificate shall be sent \vith the request, and the Registrar shall so note the register and publish the note in the Gazette.

Certificates of validity to be noted.

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Rectification of certification trade mark entries by the Minister.

Alteration of regulations.

Application for entry of registered user.

APPLICATIONS TO ALTER REGISTERED TRADE MARKS

89. Where a person desires to apply under section 37 that his registered trade mark may be added to or altered, he shall make his application in writing on Form 25, and shall furnish the Registrar with four copies of the mark as it will appear when so added to or altered.

Alteration of registered mark.

90. The Registrar shall consider the application and shall, if it Advertisement appears to him expedient, advertise the application in the Gazette ~:~i~~n. before deciding it. Within one month from the date of such advertise- ment any person may give notice of opposition to the application, on Form 46 accompanied by a duplicate of the notice, and may also send therewith a further statement of his objections in duplicate. The Registrar shall send the duplicate notice, and the duplicate of any further statement of objections, to the applicant, and the provisions of rules 48 to 57 (inclusive) shall apply mutatis mutandis to the further proceedings thereon. In any case of doubt any party may apply to the Registrar for directions.

91. If the Registrar decides to allow the application he shall add to Decisio.n. or alter the mark in the Remster and if the mark so added to or Adv~rtis~ment.e.o. , NotificatIon. altered has not been advertised under the last foregoing Rule, he shall advertise it in the Gazette and in any case shall insert in the Gazette a notification that the mark has been altered.

92. In connection with an application to alter a registered trade Adverti~ement mark the Registrar may at any time call on the applicant to supply a illustration. printing block satisfactory to the Registrar and suitable for adver- tising the mark with the addition or alteration as aforesaid, if in the opinion of the Registrar an advertisement describing the addition or alteration in words would not be likely to be understood by persons interested in the matter.

MINISTER'S ORDERS FOR RECTIFICATION OF

CERTIFICATION TRADE MARK ENTRIES AND REGULATIONS

93. An application on any of the grounds mentioned in paragraph 4 of the Schedule to the Act, made by an aggrieved person to the Minister for an Order expunging or varying an entry in the register of or relating to a certification trade mark, or varying the relevant deposited Regulations, shall be made on Form 36 and shall include full particulars of the grounds on which the application is made.

ALTERATION OF CERTIFICATION TRADE MARK

REGULATIONS

94. An application by the registered proprietor of a certification trade mark for an alteration of the deposited Regulations and the consent of the Minister thereto shall be made on Form 35. Where the Minister cause such an application to be advertised the time within which any person may give notice to the Minister of opposition to the application shall be one month from the date of the advertisement.

REGISTERED USERS

95. An application to the Registrar for the registration under section 30 of a person as a registered user of a registered trade mark shall be made by that person and the registered proprietor on Form 49.

Entry and notification.

Registered proprietors application to vary entry.

Application by registered proprietor or user to cancel entry.

96. The entry of a registered user in the register shall state the date on which it was made. In addition to the trade or business address of the registered user it may include an address for service, if an applica- tion by him on Form 33 therefor has been approved. A notification in writing of the registration of a registered user shall be sent to the registered proprietor of the trade mark, to the registered user, and to every other registered user whose name is entered in relation to the same registration of a trade mark, and shall be inserted in the Gazette.

97. An application by the registered proprietor of a trade mark for the variation of the registration of a registered user of that trade mark under section 30(8)(a) shall be made on Form 50 and shall be accompanied by a statement of the grounds on which it is made and, where the registered user in question consents, by the written consent of that registered user.

98. An application by the registered proprietor or any registered user of a trade mark for the cancellation of the registration of a registered user of that trade mark under section 30(8)(b) shall be made on Form 51 and shall be accompanied by a statement of the grounds on which it is made.

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99. An application by any person for the cancellation of the Application recristration of a registered user under section 30(8)(c) shaWbe made under section

t:r • 30(8)(c) to on Form 52, and shall be accompanied by a statement of the grounds cancel entry. on which it is made.

100. The Registrar shall notify in writing applications under the last three foregoing rules to the registered proprietor and each registered user (not being the applicant) under the registration of the trade mark. Any person so notified who intends to intervene in the proceedings shall within one month of the receipt of such notification give notice to the Registrar on Form 53 to that effect and shall send therewith a statement ofthe grounds ofhis intervention. The Registrar shall thereupon send copies of such notice and statement to the other parties, so that the intervention may be known to the applicant, the registered proprietor, the registered user whose registration is in suit, and any other registered user who intervenes. Any such party may, within such time or times as the Registrar may appoint, leave evidence in support of his case, and the Registrar after giving the parties an opportunity of being heard may accept or refuse the application or accept it subject to any conditions, amendments, modifications or limitations he may think right to impose.

101. Applications under section 36(2) shall be made on Form 18, or 20, or 21, or 33 as may be appropriate, by a registered user of a trade mark, or by such person as may satisfy the Registrar that he is entitled to act in the name of a registered user; and the Registrar may require such evidence by statutory declaration or otherwise as he may think fit as to the circumstances in which the application is made.

Notification and hearing.

Registered user's application under section 36(2).

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Extension of time.

Hearing.

Application for hearing.

Notice of hearing.

Notification of decision.

Dispensing with evidence.

102. In the case of the registration of a registered user for a Cancellation peried, in accordance with section 30(4)(d), the Registrar shall by registrar. cancel the entry of the registered user at the end of the period. Where some or all of the goods are struck out from those in respect of which a trade mark is registered, the Registrar shall at the same time strike them out from those specifications of registered users of the trade mark in which they are comprised. The Registrar shall notify every cancellation or striking out under this paragraph to the registered users whose permitted use is affected thereby and the registered proprietor of the trade mark.

EXTENSION OF TIME

103. If in any particular case the Registrar is satisfied that the circumstances are such as to justify an extension of the time for doing any act or taking any proceeding under these rules, not being a time expressly provided in the Act or prescribed by rule 76 or rule 80, he may extend the time upon such notice to other parties, and pro- ceedings thereon, and upon such terms as he may direct, and the extension may be granted though the time has expired for doing the act or taking the proceeding.

DISCRETIONARY POWER

104. Before exercising adversely to any person any discretionary power given to the Registrar by !he Act, the Registrar shall, if so re- quired, hear such person thereon.

105. An application for a hearing shall be made within one month from the date of notification by the Registrar of any objection to an application or the date of any other indication that he proposes to exercise a discretionary power.

106. (1) Upon receiving such application the Registrar shall give the person applying ten days' notice of a time when he may be heard.

(2) Within five days from the date when such notice would be delivered in the ordinary course of post the person applying shall notify the Registrar whether or not he intends to be heard on the matter.

107. The decision of the Registrar in the exercise of any such dis- cretionary power as aforesaid shall be notified to the person affected.

POWER TO DISPENSE WITH EVIDENCE

108. Where under these Rules any person is required to do any act or thing, or to sign any document, or to make any declaration on behalf of himself or of any body corporate, or any document or evidence is required to be produced to or left with the Registrar, or at the Office, and it is shown to the satisfaction of the Registrar that from any reasonable cause such person is unable to do such act or thing, or to sign such document, or to make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Registrar, upon the production of such other evidence, and subject to such terms as he may think fit, to dispense with any such act or thing, signature, declaration, document or evi- dence.

Notice of

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AMENDMENTS

109. Any document or drawing or other representation of a trade mark may be amended, and any irregularity in procedure which in the opinion of the Registrar may be excused without detriment to the interests of any person may be corrected, if the Registrar think fit, and on such terms as he may direct.

Amendment of documents

CERTIFICATES

110. The Registrar may give a certificate, other than a certificate under section 21(2), as to any entry, matter or thing which he is authorised or required by the Act to make or do, upon receipt of a request therefor on Form 31 from any person who, if the Registrar thinks fit so to require, can show an interest in the entry, matter or thing to his satisfaction. Except in a case falling under rule 111, the Registrar shall not be obliged to include in the certificate a copy of any mark, unless he is furnished by the applicant with a copy thereof suitable for the purpose.

Certificates by Registrar.

111. Where a mark is registered without limitation of colour the Marks Registrar may grant a certificate of its registration, for the purpose of re~ter~ obtaining registration abroad, either in the colour in which it appears furut~tion of upon the register or in any other colour or colours; but in the last- colour. mentioned case the certificate shall be marked: "For use in obtaining registration abroad only."

112. Where a certificate of registration of a trade mark is desired Certi:fic~tes for use in obtaining registration abroad, the Registrar shall include ~bt~~: in the certificate a copy of the mark and may require the applicant registration for the certificate to furnish him with a copy of the mark suitable for abroad. the purpose and, if the applicant fails to do so, may refuse to issue the certificate. The Registrar may state in the certificate such particulars concerning the registration of the mark as to him may seem fit, and may omit therefrom reference to any disclaimers appearing in the register; but in the last mentioned case the certificate shall be marked: "For use in obtaining registration abroad only."

DECLARATIONS

113. The statutory declarations required by the Act, or used in any Manner in proceedings thereunder, shall be made and subscribed as follows: ;:~~ betore

(a) in Guyana, before any justice of the peace, or any com- Wdh°larffi, t' . . . h ffi h' d b l' f ec a Ion ISIDlsslOner or ot er 0 cer aut onse y aw III any part 0 to be taken.

Guyana to administer an oath for the purpose of any legal proceeding;

(b) in any other part of the Commonwealth, before a judge, justice of the peace, or any officer authorised by law to ad- minister an oath there for the purpose of a legal proceeding; and

(c) if made in a foreign country, before the principal repre- sentative of Guyana in that country or a person exercising the functions of such representative or a consular officer of Guyana in that country, or a notary public, judge or magistrate of that country.

seal of - officer taking declaration to prove himself.

114. Any document purporting to have afli'(ed, impressed, or sub- scribed thereto or thereon the seal or signature of any person authorised by the last foregoing rule to take a declaration in testi- mony that the declaration was made and subscribed before him, may be admitted by the Registrar without proof of the genuineness of the seal or signature or of the official character of the person or his authority to take the declaration.

Page 62

Searches.

Days and hours.

Appeal to Court.

SEARCH 115. Any person may request the Registrar, on Form 28, to cause a

search to be made in respect of specified goods classified in anyone class of the Fourth Schedule, to ascertain whether any mark is on record at the date of the search which resembles a trade mark of which duplicate representations accompany the Form. The Registrar shall cause such a search to be made and the person making the request to be informed of the result thereof.

DAYS AND HOURS OF BUSINESS

116. The office shall be open to the public and the register shall be open to inspection, on payment of the fee specified in the First Schedule, every weekday, except Saturday, between the hours of nine in the forenoon and three in the afternoon and on Saturday between the hours of eight and eleven in the forenoon, except on public holi- days and days which may from time to time be notified by a placard posted in a conspicuous place in the office.

APPEALS TO THE COURT

117. Before an appeal is made by any person to the Court in a case in which an appeal is given by the Act, he shall-

(a) apply to the Registrar for a hearing; or

(b) state that he does not desire to be heard and submit his case to the Registrar in writing.

In either event he shall obtain a decision in writing from the Registrar on the point raised, and in the case of an application within rules 31

to 35 (inclusive), a statement of grounds and materials under rule 35. Within one month from the date of the decision he shall, ifhe desires to appeal, leave at the office a notice on Form 30 of his intention so to do.

118. The notice on Form 30 shall be accompanied-

(a) in case the appeal concerns an application within rules 31 to 35 (inclusive), by two copies of the form of application each containing a representation of the mark applied for and two copies of the grounds of the Registrar's decision;

(b) in other cases by two copies ofthe decision of the Registrar.

Notice of appeal.

119. The notice shall also be accompanied by a statement in Grounds of writing of the appellant's grounds for appealing and of his case in !ifed~l to be support of the appeal.

120. The Court may thereupon give such directions (if any) as ttey Directions by may think fit with respect to parties and evidence, or otherwise, for Court. the purpose of the hearing of the appeal by the Court.

121. Where the Court intend to hear the appeal, seven days' Hearing of notice, or such shorter notice as the Court may in any partiCUlar case appeal. direct, of the time and place appointed for the hearing, shall be given to the Registrar and to the appellant.

122. No appeal shall be entertained of which notice has not been No appeal given within one month from the date of the decision appealed unlduless .notice

•. Y gIven. against, or such further tIme as the Reglstrar may allow, except by special leave of the Court.

Publication of order of Court.

Classification of marks.

Address for service.

Agency.

Form 55.

Application for registra- tion.

Page 63

123. Where under section 19(6) an appellant becomes entitled and Withdrawal of intends to withdraw his appeal to the Court, he shall give notice of appeal. his intention to the Registrar and to the other parties, if any, to the appeal within seven days after the leave referred to in that subsection has been obtained.

APPLICATIONS TO AND ORDERS OF THE COURT

124. Every application to the Court under the Act shall be served Application to on the Registrar. Court.

125. Where an order has been made by the Court in any case under Order of the Act, the person in whose favour such order has been made, or Court. such one of them, ifmore than one, as the Registrar may direct, shall forthwith leave at the office an office copy of such order, together

with Form 47 if required. The register may, if necessary, thereupon be rectified or altered by the Registrar.

126. Whenever an order is made by the Court under the Act, the Registrar may, if he thinks that the order should be made public, publish it in the Gazette.

UNITED KINGDOM TRADE MARKS

127. For the purpose of registration of United Kingdom Trade Marks under the Act, goods shall be classified in the same manner as they are classified in the United Kingdom for the purpose of trade marks registration.

128. Subject to rule 12, every person making an application for the registration of a United Kingdom trade mark shall give an address for service in Georgetown and such address may be treated as the actual address of such person for all purposes in connection with the matter in question and any document required to be served may be served by leaving the same at such address.

129. (1) Any person entitled under the Act to have a mark registered may appoint an agent to represent him in the matter of a trade mark by signing and sending to the Registrar an authority in writing to that effect in Form 55 or in such other form as the Registrar may deem sufficient.

(2) In all such cases service upon such agent of any document relating to such trade mark shall be deemed to be service upon the person so appointing him and all communications may be addressed to such agent.

130. (1) All applications under sections 40 to 51 (inclusive) shall be made through a licensed patent agent. The forms in connection therewith may also be signed by a licensed patent agent on behalf of the applicant, but ifnot so signed, then if the applicant is a firm, they must be signed by each individual who is a partner, and if the applicant is a body corporate the forms must be signed by its duly authorised officer or agent. Such application shall contain a repre- sentation of the trade mark affixed to it.

(2) There shall be sent with every application for registration of a trade mark or registration as a registered user four additional representations of the mark on Form 4, together with, if the Registrar shall so require, a wood block or electrotype of the trade mark.

(3) An application for registration in Guyana of a United Kingdom trade mark shall be made on Form 56.

Page 64

Removal of trade mark.

Applications under section 51.

(4) An application for registration as a registered user of a trade mark shall be made on Form 59.

_131. The Certificate of Registration to be issued by the Registrar Certificate of under section 40 shall.be in Form 57. Registration.

132. Upon the issue of such certificate the Registrar shall publish Advertisement in the Gazette particulars of such registration and a representation of f-f registra- the trade mark registered or a detailed description thereof and shall Ion. in the latter case state in the advertisement that a representation of the trade mark is open to inspection in the office of the Registrar.

133. (1) The Registrar shall, on production of an order of the Court made upon an application under section 46 declaring that the exclusive privileges and rights conferred by a Certificate of Registra- tion have not been acquired, make an entry in the register of a minute of such order and cancel the registration of such mark in conformity with the said declaration.

(2) A notice of such cancellation shall be published in the Gazette by the Registrar.

Registration of declaration.

134. (1) An application for registration under section 47 shall be Registration in Form 58. of assignment,

&c. (2) In proof of his title the applicant shall produce the

Certificate of Registration and furnish such additional evidence as the Registrar may require to satisfy him that the privileges and rights conferred by the Certificate have devolved on the applicant by assignment, transmission or other operation of law.

(3) The Registrar, if satisfied, shall indorse upon the Certifi- cate of Registration a statement of the alteration in the proprietorship of the mark and shall cause an entry of the fact of such alteration to be made in the register.

135. (1) Notification of a renewal under section 50 shall be made Renewal. on Form 60 and a certificate ofthe Comptroller General of the United Kingdom Patent Office that such renewal has been effected shall be furnished.

(2) Upon receipt of such notification and the said certificate together with the Certificate of Registration under the Act the Regis- trar shall cause an entry of the fact of such renewal to be made in the register and shall make a similar indorsement on the Certificate of Registration and notice of the renewal shall be published in the Gazette.

136. Where within six months from the date of the expiration of the period of registration of the trade mark in the United Kingdom no notice has been received that the registration of such mark has been renewed in the United Kingdom the Registrar may remove the mark from the register as from the date of the expiration of the United Kingdom registration, but may upon receipt of the prescribed notice not later than six months thereafter and upon payment of the renewal fee and the additional fee restore the mark to the register if satisfied that it is just so to do.

137. (1) Applications under section 51 shall be in Form 6l. Such application shall be accompanied by the Certificate of Registra- tion.

Search.

Certificates by the Registrar.

Certified copy.

(2) Upon receipt of such application the Registrar may cause the necessary alterations to be made in the register and in the Certifi- cate of Registration, and in the case of a cancellation of registration of the trade mark wholly, he shall retain the Certificate of Registration and shall advertise the fact of such cancellation in the Gazette.

138. The Registrar on payment of the prescribed fee may cause a search to be made in the Register to ascertain whether any mark is on record at the date of such search which may resemble any mark for which registration is sought in Part C of the register in respect of the same goods or description of goods and shall cause the result of such search to be communicated in writing to the applicant.

139. The Registrar on receipt of a request in writing in Form 62 and on payment of the prescribed fee may issue a certificate as to any registration, entry, matter or thing under Part II of the Act, but every certificate so given shall have specified on the face thereof the purpose for which such certificate is required.

140. A certified copy of any document under Part II of the Act may be obtained on payment of the prescribed fee.

FIRST SCHEDULE

FEES

The following fees shall be paid in respect of applications, registra- tions and other matters under the Act. Such fees must in all cases be paid before or at the time of doing the matter in respect ofwhich they are to be paid:

Page 65

Page 66

Matter or Proceeding Amount Correspond- ing Form

$ c. 1. On application not otherwise charged to

register a trade mark for a specifica- tion of goods included in one class ... 10·00 2

la. On application to register a series of trade marks under section 23(2) for a specification of goods included in one class 10·00 2

lb. On application to register a defensive trade mark for a specification ofgoods included in one class ... 30·00 32

lc. On application under section 39 to regis- ter a certification trade mark for a specification of goods included in one class 10·00 6

Id. On applications made at the same. time under section 39 to register one certi- fication trade mark for specifications of goods not all included in one class-

In respect of every class total fee in no case to exceed $96.00 for any number of classes ... 10·00

2. On a request to the Registrar to state grounds of decision relating to an application to register a trade mark and materials used 10·00 5

3. On notice ofopposition before the Regis- trar under section 20, for each applica- tion opposed, by opponent ... 20·00 7

3a. On lodging a counter-statement in ans- wer to a notice of opposition under section 20, for each application op- posed, by the applicant; or in answer to an application under any of the sections 28, 29, 34 and 35, by the pro- prietor in respect of each trade mark; or in answer to a notice of opposition under section 37 or section 38, for application or conversion opposed, by the proprietor ... 10·00 8

3b. On the hearing of each opposition under section 20, by applicant and by op- ponent respectively; or on the hearing of an application under any of the sections 28, 29, 34 and 35, by appli-

Matter or Proceeding

cant and by the proprietor respec- tively; or on the hearing of an opposi- tion under section 37 or section 38, by proprietor and by opponent respec- tively

3c. On notice ofopposition before the Regis- trar under paragraph 2(2) of the Schedule to the Act, for each applica- tion opposed, by the opponent

3d. On lodging a counter-statement in an- swer to a notice of opposition before the Registrar under paragraph 2(2) of the Schedule to the Act, for each appli- cation opposed, by the applicant

3e. On the hearing ofeach opposition before the Registrar under paragraph 2(2) of the Schedule to the Act, by applicant and by opponent respectively

4. For one registration of a trade mark not otherwise charged for a specification of goods included in one class

4a. For one registration of a series of trade marks under section 23(2) for a speci- fication of goods included in one class-

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

4b. For registration under section 39 of a certification trade mark for a specifi- cation of goods included in one class

4c. For registration upon applications made at the same time of one certification trade mark, under section 39, for specifications of goods not all in- cluded in one class-

In respect of every class ... Total fee in no case to exceed $192: -for any number ofclasses

4d. For one registration of a defensive trade mark for a specification of goods in- cluded in one class

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

Amount Correspond- ing Form

$ c.

20·00 9

20·00 37

10·00 38

20·00 39

20·00 10

20·00 10

2·50

20·00 10

20·00 10

30·00 10

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Page 68

Matter or Proceeding

the mark is associated with a newly

Amount Correspond- ing Form

$ c.

registered mark 1·00 10 Sa. On an application to dissolve the as-

sociation between registered trade marks ... 20·00 19

6. On application to register a registered user of a registered trade mark in re- spect of goods within the specification thereof ... 20·00 49

6a. On application to register the same regis- tered user of more than one registered trade mark of the same registered pro- prietor in respect of goods within the respective specifications thereof and subject to the same conditions and re- strictions in each case-

For the first mark ... 20·00 49 And for every other mark of the proprietor included in the applica- tion and statement of case ... 1·00

6b. On application by the proprietor of a single trade mark, under section 30(8) (a), to vary the entry of a registered user thereof 20·00 50

6c. On application by the proprietor ofmore than one trade mark under section 30(8)(a) to vary the entries of a regis- tered user thereof-

For the first mark ... 20·00 50 And for every other mark of the proprietor for which the same user is registered, included in the appli- cation 1·00

6d. On application by the proprietor or registered user of a single trade mark, under section 30(8)(b), for cancella- tion of the entry of a registered user thereof ... 20·00 51

6e. On application by the proprietor or registered user of more than one trade mark under section 30(8)(b), for can- cellation of the entries of a registered user thereof-

For the first mark ... 20·00 51

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Matter or Proceeding Amount Correspond- ing Form

$ c. And for every other mark of the proprietor for which the same user is registered, included in the applica- tion ... 1·00

6f. On application, under section 30(8)(c), to cancel the entry of a registered user of a single trade mark 20·00 52

6g. On application, under section 30(8)(c) to cancel the entries of a registered user of more than one trade mark-

For the first mark ... 20·00 52 And for every other mark of the same proprietor for which the same user is registered, included in the application ... 1·00

6h. On notice under section 30(9) and rule 100, of intention to intervene in one proceeding for the variation or can- cellation of entries of a registered user of trade marks 5·00 53

7. On request to enter in the register and advertise a certificate ofvalidity, under section 58 and rule 88-

For the first registration certified ... 10·00 48 And for every other registration certified in the same certificate ·50

7a. On application under section 31(4) and rule 76 for extension of time for regis- tering a corporation as subsequent proprietor of trade marks on one assignment-

Not exceeding two months 10·00 14 Not exceeding four months 20·00 14 Not exceeding six months ... 30·00 14

8. On application for certificate of the Registrar, under section 24(5) and rule 79-

For the first mark proposed to be assigned 20·00 40 And for every other mark of the same proprietor included in that assignment ... 1·00

8a. On application for approval of the Regis- trar, under section 24(6) and rule 79-

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Matter or Proceeding

For the first mark __ _ And for every other mark of the same proprietor included in the same transfer

8a_ On application for directions by the Registrar for advertisement of assign- ment of trade marks in use, without goodwill-

For one mark assigned And for every other mark assigned with the same devolution oftitle __ _

8b_ On application for extension of time for applying for directions for advertise- ment of assignment of trade marks in use, without goodwill, in respect of one devolution of title-

Not exceeding one month __ _ Not exceeding two months Not exceeding three months

9_ On application 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 proprietor- ship or the coming into force of these Rules __ _ If made after expiration of six months but within twelve months from the date of acquisition of pro- prietorship or the coming into force of these Rules If made after expiration of twelve months from the date of acquisition ofproprietorship or the coming into force of these Rules

9a_ On application to register a subsequent proprietor of more than one trade mark standing 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 proprietor- ship or the coming into force of these Rules-

Amount

$ c_ 20-00

1-00

10-00

1-00

10-00 20-00

·30-00

20-00

25-00

30-00

Correspond- ing Form

41

42

43 43 43

15 or 16

15 or 16

15 or 16

Matter or Proceeding

For the first mark And for every other mark

If made after expiration of six months but within twelve months from the date of acquisition of pro- prietorship or 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 acquisition ofproprietorship or the coming into force of these Rules-

For the first mark And for every other mark

10. On application to change the name of description of a proprietor or a regis- tered user ofa single trade mark where there has been no change in the pro- prietorship or in the identity of the user

lOa. On application to change the name or description of a proprietor or a regis- tered 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 user, the change being the same in each case-

For the first mark ... And for every other mark

11. For renewal of registration of a trade mark of expiration of last registration

I1a. For renewal of registration of a series of trade marks under section 23(2) at ex- piration of last registration-

For the first mark of the series ... For every other mark of the series

11b. For renewal of registrations of the same certification trade mark with the same date for goods in more than one class-

In respect of every class

Amount Correspond- ing Form

$ c. 20·00

1·50

25·00 1·50

30·00 1·50

5·00

5·00 1·00

20·00

20·00 1·50

20·00

15 or 16

15 or 16

15 or 16

21

21

11

11

11

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Page 72

Matter or Proceeding

Total fee in no case to exceed $192: -for any number of classes.

1Ic. Additional fee under rule 67 lld. Restoration fee under rule 68 ... 12. On an application to the Registrar for

leave to add to or alter a single regis- tered trade mark

12a. On an application to the Registrar for leave to add to or alter more than one registered trade mark of the same pro- prietor, being identical marks, the ad- dition or alteration to be made, in each case, being the same-

For the first mark ... And for every other mark

12b. On notice of opposition to application for leave to add to or alter registered trade marks, for each application opposed

13. For altering one or more entries of the trade or business address of a regis- tered 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 81)-

For the first entry ... And for every other entry ...

14. For every entry in the register of a recti- fication thereof or an alteration there- in, not otherwise charged

15. For cancelling the entry or part of the entry of a trade mark upon the regis- ter on the application of the registered proprietor of the trade mark ...

16. On application, under any of the sections 28, 29, 34 and 35, for rectification of the register or removal of trade mark from the register

16a. On application for leave to intervene in proceedings under any of the sections 28, 29, 34 and 35, for rectification of

Amount Correspond- ing Form

$ c.

10·00 20·00

20·00

20·00 10·00

20·00

5·00 1·00

10·00

5·00

30·00

12 13

25

25

46

18

48

22 or 23

26

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Matter or Proceeding Amount Correspond- ing Form

$ c. the register or removal of trade mark from the register 20·00 27

17. On request, not otherwise charged, for correction of clerical error or for per- mission to amend application 5·00 20

18. On request by registered proprietor of a trade mark for entry of disclaimer or memorandum in the register... 5·00 24

19. On application to the Minister under rule 93 to expunge or vary the regis- tration of a certification trade mark or to vary the deposited regulations of a certification trade mark or ofcertifica- tion trade marks ofthe same registered proprietor where the regulations are substantially the same 30·00 36

19a. On request to the Minister by the regis- tered proprietor of a certification trade mark to permit alteration of the deposited regulations thereof-

For the regulations of one such registration '" 10·00 35 For the same or substantially the same regulations ofeach other regis- tration proposed to be altered in the same way and included in the same request 1·00

20. On application by registered proprietor under rule 6, for conversion of speci- fication 2·50 44

20a. On notice of opposition to a conversion of the specification or specifications of a registered trade mark or registered trade marks-

For one mark 20·00 45 For every other mark of the same

proprietor having the same speci- fication 1·00

21. On appeal from the Registrar to the Court, in respect of each decision ap- pealed against, by appellant ... 20·00 30

22. For a search under rule 115 in respect of one class-

Without application for the Regis-

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Matter of Proceeding

trar's advice under rule 20 With application for the Registrar's advice under rule 20

23. On request for the Registrar·s prelimi- nary advice under rule 20, for each trade mark submitted in respect ofone class

24. For certificate of the Registrar (other than certificate under section 21(2)) of the registration ofa trade mark ...

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)

25. For cancelling or making 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 included in the application ...

25a. For altering one or more entries of an address for service in the register in- cluded in one application for altera- tion, where the address and the altera- tion in each case are the same-

For the first entry ... And for every other entry ... Total fee in no case to exceed $120: -for any number of entries.

26. For inspecting register or notice of op- position, counter-statement or de- cision in connection with any opposi- tion or application for rectification of the register relating to any particular trade mark, for every quarter of an hour

27. For permission to search amongst the classified representations of trade marks, for every quarter of an hour ...

28. For office copy of documents, for every

Amount Correspond- ing Form

$ c. 8·00

10·00

2·50

5·00

10·00

2·50

·50

2·50 ·50

·50

·50

28

28

29

31

31

33

33

Matter of Proceeding

100 words (but never less than 24

Amount Correspond- ing Form

$ c.

cents) ... ·25 29. For certifying office copies M.S. or

printed matter... 5·00 30. For extra space in the Gazette advertise-

ment, in cases where the printing block for the trade mark exceeds 2 inches in breadth or depth, or in breadth and depth-

For every inch or part of an inch over 2 inches in breadth ... 2·00 For every inch or part of an inch over 2 inches in depth . ... 2·00

31. For registration of a trade mark for a specification of goods included in one class (including the filing of all neces- sary documents, the issue of a Certifi- cate of Registration and advertise- ment in the Gazette) ... 25·00 56

31a. For registration of a series of trade marks for specification of goods in- cluded in one class (including the filing of alI necessary documents, the issue of a Certificate of Registration and advertisement in the Gazette):

For the first mark ... 25.00 56 And for every other mark of the series 2·50

32. On application to register a registered user of a registered trade mark in re- spect of goods within the specification thereof ... 20·00 59

32a. On application to register the same regis- tered user of more than one registered trade mark of the same registered pro- prietor in respect of goods within the respective specifications thereof and subject to the same conditions and restrictions in each case-

For the first mark ... 20·00 59 And for every other mark of the proprietor included in the applica- tion and statement ofcase ... 1·00

33. For registration of an assignment of a

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Page 76

Matter of Proceeding

single mark including the filing of all necessary documents and the endorsa- tion on the Certificate 9f Registration

33a. For registration of an assignment of more than one mark standing in the same name the devolution oftitle being identical in each case (including the filing ofall necessary documents, etc.)-

For the first mark ... For every other mark

34. For filing notification of renewal of a trade mark or a series of marks for a specification of goods included in one class including the endorsation on the Certificate of Registration and ad- vertisement in the Gazette .. .

34a. Additional fee under rule 136 .. . 35. On an application under section 51 as

follows: For cancellation of the registration of a mark or of a registered user thereunder either wholly or as re- gards any particular goods in re- spect of which the trade mark or the registered user is registered For correction of any clerical error For change of name description and/or address

36. For a search under rule 138 including the notification in writing of such search ...

37. For a certificate under rule 139 ... 38. For office copy of documents filed, per

folio of 100 words (but never less than 24 cents)

38a. For certifying office copies M.S. or printed matter ...

39. On action taken not otherwise charged

Amount Correspond- ing Form

$ c.

20·00

20·00 1·50

20·00 10·00

5·00 5·00

5·00

·50 5·00

·25

5·00 2·50

58

58

60

61

62

For the purpose of these fees (except as specially provided above) every mark of a series under section 23, or any preceding similar enactment, shall be deemed to be a mark separately registered.

SECOND SCHEDULE

Form

1 Authorisation 2 Application for registration of Trade Mark 3 Notice of non-completion of registration of trade

mark 4 Additional Representation of trade mark ... 5 Request for statement of grounds of decision 6 Application for registration of trade mark under

section 39 ... 7 Opposition before Registrar to application for

registration of trade mark 8 Counter-statement to opposition before Registrar

to application for registration oftrade mark, or in certain other proceedings ...

9 Application for hearing in opposition matter, or in rectification, removal or certain other pro- ceedings

10 For registration of a trade mark

11 Renewal of registration of trade mark 12 Additional fee to accompany renewal fee within one

month after advertisement of non-payment of renewal fee ...

13 Restoration of trade mark where removed for non- payment of fee

14 Application under section 31(4) and rule 76 for extension of time to request entry of corporation- assignee as subsequent proprietor

15 Request by registered proprietor and transferee to register transferee as subsequent proprietor

16 Request to enter name of subsequent proprietor ... 17 Declaration in support of request to enter name of

subsequent proprietor 18 Application for alteration of trade or business

address on Register 19 Application to Registrar to dissolve association

between registered trade marks ... 20 Correction of clerical error in the Register, or

amendment of Application 21 Request to enter change of name or description of

registered proprietor or user

Corresponding Item in First

Schedule

I, la

2

lc,ld

3

3a

3b 4, 4a, 4b, 4c, 4d and 5 11, lla, lIb

llc

lId

7a

9, 9a 9, 9a

13 or nil

5a

17

10, lOa

Page 77

Page 78

Form

22 Application by registered proprietor for can- cellation of entry of trade mark in Register

Corresponding Item in First

Schedule

15 23 Request by registered proprietor to strike out goods

from those for which a trade mark is registered 15 24 Request by registered proprietor to enter disclaimer

or memorandum in Register 25 Application to add to or alter a registered trade

mark 26 Application for rectification of Register or removal

of trade mark from Register 27 Application for leave to intervene in proceedings

for rectification of Register, or removal of trade mark from Register

28 Request or search under rule 115 ... 29 Request for Registrar's advice on registrability 30 Appeal from Registrar to Court 31 Request for general certificate 32 Application for registration of defensive trade mark 33 Request for entry, alteration or cancellation in the

Register of address for service 34 Regulations governing the use of certification trade

mark (title page) ... 35 Request for alteration of Certification Trade Mark

Regulations and consent of Minister 36 Application to the Minister under rule 93, respecting

a certification trade mark ... 37 Opposition before the Registrar concerning certifi-

cation trade mark

18

12, l2a

16

16a 22 23 21 24,24a Ib

27, 27a or nil

19a

10

3c 38 Counter-statement to OpposItlOn before the

Registrar concerning certification trade mark ... 3d 39 Application for hearing in opposition before Regis-

trar concerning certification trade mark 40 Application for certificate of Registrar upon pro-

posed assignment of registered trade mark 41 Application for approval by Registrar of transfer

of trade mark (section 24(6)) 42 Application for directions for advertisement of

assignment of trade mark in use, without goodwill

43 Applic'ation for extension of time for applying for directions for advertisement of assignment of

3e

8

8a

8b

trade mark in use, without goodwill 8c 44 Application by registered proprietor for conversion I

of specification of a registration... ... ... 20

* The full name of all the partners in a firm must be in- serted, and the kind and

Form

45 Opposition to Registrar's proposal for conversion 46 Opposition to application to add to or alter a trade

mark 47 Notice of Order of Court for alteration of Register 48 Request for entry and advertisement of Certificate

of Validity ... 49 Application for registration of registered user 50 Application by registered proprietor for variation

of entry of registered user 51 Application by registered proprietor or user for

cancellation of entry of registered user ... 52 Application under section 30(8) for cancellation or

entry of registered user 53 Notice of intention to intervene in registered user

proceedings ... 54 Certificate of registration of trade mark under

section 19(2) 55 Appointment of agent 56 Application for registration in Part C of the Register 57 Certificate of Registration ... 58 Application to register subsequent proprietor 59 Application for registration of registered user in

Part C of the Register 60 Notice of Renewal ... 61 Application for registration under section 51 of the

Act .. , 62 Request of issue of Certificate

SECOND SCHEDULE

FORM 1

TRADE MARKS ACT Form of Authorisation of Agent

in a matter or proceeding under the Act (rule 14)

Corresponding Item in First

Schedule

20a

12b 14

7 6,6a

6b,6c

6d,6e

6f,6g

6h

31, 31a

33, 33a

32, 32a 34, 34a

35 37

*1 (or We) ...........................,...................... ~ ..................... .

have appointed (a) .............................................................. . of ................................................................................... . to act as my (or our) agent for (b) ............................................ .

Page 79

Page 80

...................................................... No........................... . and request that all notices, requisitions and communications relating thereto may be sent to such agent at the above address.

I (or We) hereby revoke all previous authorisations, if any, in respect of the same matter or proceeding.

I (or We) hereby declare that I am (or we are) a....................... . (c) ................................................................................... .

Dated this........................day of........................ 19 ...,.. . Cd) ..........•..•......................... Address (e)............................. .

country of incorporation of bodies cor- porate stated. (a) Here in- sert name and address of agent. (b) Here state the particular matter or pro- ceeding for which the agent is ap- pointed, giving the

--------------------------- reference num- (To be struck out if the person appointing the Agent desires his

own address to be treated as the address for service after registration.) I (or We) also authorise the said (a) ...................................... .

to complete Form 33 requesting............................................... . the entry of an address for service as part of any registration obtained under the above authorisation.

Dated this.....................day of........................... 19..... .

To the Registrar, The Patent Office,

(d) ...................................... . Address (e)............................. .

Trade Marks Registry, Deeds Registry,

Georgetown.

FORM 2

TRADE MARKS ACT

Application for Registration of a Trade Mark in Part* of the Register

r-----------, One representation to be fixed within this space and four others to be sent on separate Form 4.

Representations of a large size may be folded, but must t,hen be mounted upon linen or other suitable material and affixed hereto.

Application is hereby made for Registration in Part* of the Register of the accompanying Trade Mark in Class....................... .

ber, if known. (c) Here state nationality. (d) To be signed by the person ap- pointing the agent. (e) Here in- sert the full trade or business address of the person ap- pointing the agent.

'" Write dis- tinctly here "A" or "B'" according to the registration desired.

(a) Here specify the goods. Only goods included in one and the same class should be specified. A separate application form is re- quired for each class. (b) Here insert legibly the full name, description and nationality of the individual, firm, or body corporate making the application. The names of all partners in a firm must be given in full. If the applicant is a body cor- porate, the kind and country of in- corporation should be stated. (c) Here insert the full trade or business address of the applicant. (d) Here insert the trading style (if any). (e) If the mark is already in use, strike out the words: "proposed to be," and insert "being". (f) For ad- ditional matter if required; otherwise to be left blank. (g) Signature.

in respect of (a).................................................................... . ........................................................................................................................................................................

......................................................................................... in the name of (b)...................................................... whose trade or business address is (c) ............................................... .

trading as (d) ....................................................................... . by whom it is (e) proposed to be used and who c1aim(s) to be the proprietor(s) thereof.

(f) ..................................................................

Dated the........................day of........................ 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(g) ...................................... .

FORM 3

TRADE MARKS ACT Notice of Non-completion of Registration

No............... .

Page 81

The Registrar, as required by section 21(3) of the Trade Marks Act and rule 59 of the Trade Marks Rules made thereunder (copies of which are printed on the back hereof), has to point out that the registration of the trade mark, in respect of which your application numbered as above was made on the.................................day of........................ 19...... , has not been completed by reason of your default. Unless it is completed within fourteen days from this date the application will be treated as abandoned.

Dated this ........................day of........................... 19..... . To................................... .

The Patent Office, Trade Marks Registry,

Deeds Registry, Georgetown.

Page 82

FORM 4

TRADE MARKS ACT Additional Representation of Trade Mark, to accompany Appli-

cation for Registration.

FOUR of these ADDITIONAL REPRESENTATIONS of the Trade Mark must accompany each Form of Application.

FORMS

TRADE MARKS ACT

Request for Statement of Grounds of Decision

One repre- sentation of the trade mark to be affixed within this space. It must cor- respond ex- actly in all re- spects with the representation affixed to the Application Form.

Any repre- sentation larger than the space provided may be folded but must then be mounted upon linen or other suitable material and affixed hereto.

IN THE MATTER OF (a)...................................................... (a) Insert the Registrar is hereby requested to state in writing the grounds of :~~e:d his decision, dated the........................day of........................... identifying the 19 ,after the hearing on the ........................day of.................. :~~:d~g. 19 ,and the materials used by him in arriving at the decision.

Dated this...........................day of. .......................... 19...... (b) Signature.

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(b) ...................................... .

Page 83

If the Registrar has made any requirement to which the Applicant does not object, the Applicant shall comply therewith before the Registrar issues the grounds of his decision. (See rule 35.)

FORM 6

TRADE MARKS ACT

Application for Registration of Certification Trade Mark under section 39

(To be accompanied by two duplicates) r--------r One representation to be fixed within this

space, and six others to be sent on separate Form 4.

Representations of a larger size may be folded, but must then be mounted upon linen or other

L-______.... suitable material and affixed hereto. Application is hereby made for Registration in Part A of the

Register of the accompanying Certification Trade Mark in Class (a) Here .•.•..........•...•....••.. , in respect of (a) ...................................... . ~~~j~g:ly in the name of (b) .................................whose address is (c) goods included in one and the same class should be specified. A separate application form is required for each class. (b) Here insert the full name, description and nationality of the appli- cant. If the applicant is a body corporate the kind and country of incorporation should be stated. (c) Here insert the full address of the applicant. (d) Signature.

(a) Here state full name and address.

Dated this ...........................day of. .......................... , 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(d) ...................................... .

FORM 7

TRADE MARKS ACT

Notice of Opposition to Application for Registration of a Trade Mark

(To be accompanied by a duplicate)

IN THE MATTER OF an Application No...................by........... . of. .................................. .

(a) I (or We) .......... ~......................................................... . hereby give notice of my (or our) intention to oppose the Registration of the Trade Mark advertised under the above number for Class ....................... .in the Gazette of the...........................day of

Page 84

........................... 19......, No...................... page.................. . The grounds of opposition are as follows:

(b) .................................................................................. .. Address for service in Guyana in these proceedings:

Dated this...........................day or. .........................., 19.... ..

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(c) ...................................... .

FORM 8

TRADE MARKS ACT

Form of Counter-Statement (To be accompanied by a duplicate)

IN THE MATTER OF an Opposition No................................. . to Application No................................................ .

I, (or We)...................................................the applicant(s) for Registration of the above Trade Mark, hereby give notice that the following are the grounds on which I (or We) rely as supporting my (or our) application:

I (or We) admit the fonowing allegations in the notice of Opposition:

Address for service in Guyana in these proceedings:

(b) If regis- tration is opposed on the ground that the mark re- sembles marks already on the Register, the numbers of those marks and of the Gazettes in which they have been advertised are to be set out. (c) Signature.

(a) Signature.

(a) Here insert name and address.

(b) Strike out words here that are not applicable, so as to state one of the cases (1) to (5) only.

(c) Signature.

(d) Address.

Dated this ...........................day of........................... 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(a) ...................................... .

FORM 9

TRADE MARKS ACT

Notice to the Registrar of Attendance at Hearing

I (or We) (a)...........................of...................................... . ....................................hereby give notice that the hearing of the arguments in the Case of:

(b) (1) Opposition No................ to Application for registration of a Trade Mark No................ ,

(2) Application that the entry in the Register in respect of Trade Mark No................may be removed, ............. ..

(3) ............... . may be amended by alteration of or addition to the Trade Mark,

(4) ............... may be amended by a conversion of the specification of goods,

(5) ............... may be amended otherwise than by any change in the mark or of the specification on conversion,

which, by the Registrar's Notice to me (or us) dated the ................. . day of........................... 19...... is fixed for ...............a.m. or p.m. at the Patent Office on the...........................day of. ................... . 19...... , will be attended by me (or us) or by some person on my (or our) behalf.

Dated this...........................day of..........................., 19.... ..

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(c) ..................................... ..

(d) ...................................... .

Page 85

Page 86

FORM 10

TRADE MARKS ACT

Fee for Registration of a Trade Mark (If the Applicant has furnished a printing block for advertisement,

this Form must be accompanied by one unmounted representation of the Mark, exactly as shown on the Form of Application).

The prescribed fee for the registration of the Trade Mark No...... . in Class.......................... .is hereby transmitted.

Dated this ...........................day of..........................., 19..... . * -

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown. Note.-A request for the entry of an address for service of the

registered proprietor may be made on Form 33 if it accompanies this Form.

FORM 11

TRADE MARKS ACT

Renewal of Registration of Trade Mark

* Signature.

(a) I, (or We).................................................................. (a) Insert here of ........................................................................ hereby ~~~:~f~h~ leave the prescribed fee of for Renewal of Registration person leaving of the Trade Mark No............... .in Class................................., the fee. twhich I am directed by the proprietor of the Trade Mark, that is to t If the fee

is left by the say by (b) ......................................................, to pay.t proprietor

Dated this ...........................day of........................... , 19.... .. (c) ...................................... .

(d) ...................................... .

himself, this passage should be struck out. (b) If the fee is not left by the proprietor

The statement on the back of this Form must be filled in, and signed. himself, insert To the Registrar,

The Patent Office, Trade Marks Registry,

Deeds Registry, Georgetown.

t This form will be returned if it is filed more than three months before the expiration of the last registration.

his name and address here. (c) Signature of the person leaving the fee. (d) Address of the person signing.

(e) If the re- quest is signed by the Regis- tered Pro- prietor strike out here the words "the Registered Proprietor" and substitute the word "me". (f) Signature.

Page 87

To appear on the back of the Form: The Registrar is requested to send notice of renewal of the regis-

tration to (e) the Registered Proprietor at the following address:

.............................................

(f) ...................................... .

Dated this...........................day of. .........................., 19..... .

FORM 12

TRADE MARKS ACT

Additional Fee of $4·80 to accompany Renewal Fee (Form 11), within one month after advertisement of Non-payment of Renewal

Fee

(To accompany Form 11) In pursuance of the notice issued by the Registrar, I (or We)

hereby transmit the additional fee of $10·00 (along with Form 11) for the renewal of the Registration of the Trade Mark No............... . ........... .in Class.............. .

Dated this...........................day of..........................., 19..... .

(a) Signature. (a) ..................................... ..

(b) Address. (b) .................................... :.. To the Registrar,

The Patent Office, Trade Marks Registry,

Deeds Registry, Georgetown.

N.B.-This Form must be signed by the person(s) signing the Form 11 which accompanies it.

FORM 13

TRADE MARKS ACT

Restoration of Trade Mark removed from Register for Non-payment of Fee

(To accompany Form 11) In pursuance of the notices issued by the Registrar, I (or We)

hereby transmit the additional fee of $20'00 (along with Form 11)' for the restoration to the Register of the Trade Mark No............... . .................... .in Class................... ..

Page 88

Dated this ...........................day of........................... , 19..... .

(a) ............................... ........ (a) Signature.

(b) ....................................... (b) Address. To the Registrar,

The Patent Office, Trade Marks Registry,

Deeds Registry, Georgetown.

N.B.-This Form must be signed by the person(s) signing the Form 11 which accompanies it.

FORM 14

TRADE MARKS ACT

Application under rule 76 for extension of time, in accordance with section 31(4), for the registration of the name of a

Corporation as Subsequent Proprietor of a Trade Mark in the Register

Application is hereby made by (a)...... ....... ........... .................. (a) Here· .................................................................................... of ~~~!d ................ .. . ........ ... ............................................. ......... for address of the

t . f t' b (b) th f th . d applicantan ex enSlOn 0 lme y ...........................mon s 0 e peno . of six months allowed by section 31(4) and rule 76 for registering its fb) Here

InSert "two" name, by force of one assignment, as proprietor of the following or "four", or Trade Mark(s) registered upon application(s) conforming to section "six". 31(1)(a):

(c) Registration Number Class (c) Additional numbers may be given in a signed Schedule on................................. ............... the back of

Dated this...........................day of..........................., 19...... the Fonn.

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(d) ., ..................................... (d) Signature.

FORM 15

TRADE MARKS ACT

Joint Request to the Registrar by Registered Proprietor and Trans-

Page 89

feree to register the Transferee as subsequent Proprietor of Trade Marks upon the same devolution of title

We (a) ......................................................................... ..(a) Name and address of Registered Proprietor, or and (b) ............................................................................. . other Assignoror Trans- .........•.•.........................................•..................•............•••• mitter. hereby request, under rule 71, that the name of (c) ....................... . (b) Full name, trade address .................................................: .............: ........................ . and nationality ..........................................carrymg on busllless as (d).......... .. of Transferee. (c) Name of Transferee. (d) Descrip- tion of Transferee. (e) Trade or business address of Transferee. * Additional numbers may be given in a signed Schedule on the back of the Form. (f) Date of acquisition of proprietorship. {g) Full par- . ticulars of the instrument of assignment or transmission, if any, or statement of case. (h) Strike out any words not applicable. (See rule 76). (i) Signature of Assignor or Transmitter. (j) Signature of Transferee.

at (e) ......................................................, may be entered in the Register of Trade Marks as proprietor of the Trade Mark(s) No......................... *in Class.................................as from the (f) ....................................... ;..................................... . by virtue of (g) .................................................................... .

(h) The trade mark at the time of the assignment was (h) (not) used in a business in the goods in question, and the assignment (took) (h) (did not take) place on or after the appointed day other- wise than in connection with the goodwill of a business in the goods, (h) and there is sent herewith a copy of the Registrar's direction to advertise the assignment, a copy of each of the advertisements com- plying therewith, and a statement of the dates of issue of any pub- lications containing them. .

Dated this...........................day of..........................., 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(i) ...................................... . (j) ..................................... ..

Note.-The instrument under which the Transferee claims should preferably accompany this Form.

A request for the entry of an address for service of the subsequent proprietor may be made on Form 33, if it accompanies this Form.

FORM 16

TRADE MARKS ACT

Request to the Registrar to register a subsequent Proprietor of a Trade Mark or Trade Marks upon the same devolution of title

Page 90

I (or We) (a) ..................................................................... (a) Here insert full name,•....•............•••.................•........•.........••..........•.....•...•.•••.•. trade or

•. . . . •. . . . . •. . . . . . . . . •••. . . . . . . •. . . . . . . . •. . . . . . . . . . . . . . . . . . •. . . . . . •. • . . . . . . . . . . . . ••. . .• business ad-

h b t th t ( ) b t d dress, nation-ere y reques a my or our name..................may e en ere ality and in the Register of Trade Marks as proprietor........ _............of description. Trade Mark(s) No.................................................* in Class * Additional ...........................as from the (b) .......................................... b~~~~~h:i

I am (or We are) entitled to the Trade Mark(s) by virtue of (c) ~::gu1e on .••.......•.............•....•..•.•••••...................•.•....•.•...•......•.......• the back of

the Form. (b) Date of. ••. . • . . . . ••. . •. . . •. •. . . . . . . •. •. . . ••. . . . . . . . •. . . . . . •. . . . . . . . . . . . . . . . . . . • . •••. . . . . . . . . . • acquisition of

(d) The Trade Mark at the time of the assignment was (d) (not) proprietor- used in a business in the goods in question, and the assignment (d) ship. (took) (did not take) place on or after the appointed day otherwise (fuc)llHere.cu1insertpartl ars than in connection with the goodwill of a business in the goods, (d) of the instru-

. ment ofand there is sent hereWlth a copy of the Registrar's direction to assignment or advertise the assignment, a copy of each of the advertisements transmission, complying therewith, and a statement of the dates of issue of any ~~~~e~ of publications containing them. case.

(d) Strike out Dated this ...........................day of. .......................... , 19...... any words not

applicable (e) ............. .. ... . . ... ............ . . .. (See rule 76).

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown. Note.-The instrument under which the Transferee claims should

preferably accompany this Form. A request for the entry of an address for service of the subsequent

proprietor may be made on Form 33, if it accompanies, this Form.

FORM 17

TRADE MARKS ACT

Declaration (only to be furnished when requested by Registrar) in support of Statement of Case accompanying Form 15 or Form 16

I, .................................... of ......................................... . do hereby solemnly and sincerely declare that the particulars set out in the Statement of Case, exhibit marked................................... . ........................ , and left by me in connection with my request to be registered as subsequent proprietor of the Trade Mark No. ..............................in Class .............................. , are true and

(e) Signature.

(a) This para- graph is not required when thedeclara- tion is made out of Guyana. (b) To be signed here by the person making the declaration. (c) Signature and title of Authority before whom the declara- tion is made.

* Additional numbers may be given in a signed Schedule on the back of the Form. (a) Strike out one of these words.

(b) Signature.

comprise every material fact and document affecting the present proprietorship of the Trade Mark.

(a) And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, Cap. 5:09.

(b) ...................................... . Declared at .............................................................. .

this ........................... day of ..........................., 19.. . Before me (c) .............................................................. .

To the Registrar, The Patent Office,

Trade Marks Registry, peeds Registry,

Georgetown.

FORM 18

TRADE MARKS ACT

Request for Alteration of Trade or Business Address in Register of Trade Marks

IN THE MATTER OF the Trade Mark(s) No......................* registered in Class.............................................................. .

I (or We) ....................................................................... . of ................................................................................... .

b · th R . t d ( ) (Proprietor(s)) of the Trade Mark(s)emg e egIs ere a (User(s))

numbered as above, request that my (or our) trade address in the Register of Trade Marks be altered to ..................................... ..

Dated this ...........................day of..........................., 19..... . (b) ...................................... .

Note.-A Registered Proprietor or Registered User whose address has been altered by a public authority, so that the changed address designates the same premises as before, may make also the statement below in order to avoid payment of the fee. To the Registrar,

The Patent Office, Trade Marks Registry,

Deeds Registry, Georgetown.

Page 91

Page 92

(For use only in case of an address changed by a public authority, without change of premises:)

The change of address, for the entry of which application is made above, was ordered by (a) ...................................................... (a) Here

insert the.•....••...................•........•.....•••.................•.••.•.••..••..•••..••••••. name of the •..................••.......•.............•...•..•.•...•..••..•..••.••.•.•••...•••....... public

on the...........................day of........................... , 19............ ~~d~:ithe (b) .. . . .. ...... ... . . . . . .. . . . . . . .. .. . .. .. .. change, and

the date thereof.

FORM 19 ~~~~gnature Application to the Registrar under section 25(5) and rule 61 to ~:~~:~~~ or dissolve the Association between a registered Trade Mark and (an) User, as the

other registered Trade Mark(s) case may be.

To be accompanied by a Statement of Case IN THE MATTER OF a Trade Mark No................registered

in Class....................... . I (or We) ....................................................................... .

..................................................................................being the Registered Proprietor(s) of the above-numbered Trade Mark, hereby apply that the association of this Trade Mark with the following Trade Mark(s) registered in my (our) name:

No.............. ,. ........ . .. .. .. registered in Class ....................... . No............................... registered in Class ....................... .

may be dissolved and the Register amended accordingly. The grounds for this application are set forth in the accompanying

Statement of Case. Dated this...........................day of..........................., 19..... .

(a) ....................................... (a) Signature.

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

FORM 20

TRADE MARKS ACT

Request for Correction of Clerical Error; for permission to amend Application

IN THE MATTER OF (a) .................................................. . I (or We), being the........................................................... .

hereby request that................................................... ,...~ ...... .

(a) Here insert words and reference numberiden-

tifying the entry or application.

(b) Signature.

(a) Here insert present name, address, and description of Registered Proprietor or Registered User. (b) My or our. (c) Strike out the words that are not applicable. * Additional numbers may be given on a signed Schedule on the back of the Form. (d) I am or We are.

(e) Here state the circum- stances under which the

Page 93

.........................................................................................

.........................................................................................

..........................................................................................

..........................................................................................

..........................................................................................

........................................................................ , .............................................................. & ••••••••

Dated this........................ :..day of..........................., 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(b) ...................................... .

FORM 21

TRADE MARKS ACT

Request to enter Change of Name or Description of Registered Proprietor (or Registered User) of Trade Mark upon the Register

I (or We), (a) .................................................................... .

hereby request that (b) ....................................name(s) and description(s) may be entered in the Register of Trade Marks as (c) (proprietor(s) of the) (registered user(s) )

Trade Mark(s) No........................................* registered in Class.............................. (d) ............................................ . entitled to (c)

(the said Trade Mark) (use the said Trade ) (Mark as registered ) (user(s). )

There has been no change in the (c) (actual proprietorship)

, (identity of ) (the registered user(s))

of the said Trade Mark, but (e) ............................................... .

Page 94

.•.•.•....................•.•..........•.•..................•...........•...•.....•••..•• change of The entry at present standing in the Register gives my (or our) nfme took

name(s) and description(s) all as follows:...... .. .... .......... .............. pace. ........................................................................................... ...........................................................................................

Dated this ...........................day of..........................., 19..... .

To the Registrar, The Patent Office,

(f) .. .. .... .. ......... ........... ...... ... (f) Signature.

Trade Marks Registry, Deeds Registry,

Georgetown.

FORM 22

TRADE MARKS ACT

Application by Registered Proprietor of Trade Mark for the can- cellation of Entry thereof in Register

(Paragraph (c) of section 36(1) and rules 85 and 86) IN THE MATTER OF Trade Mark No................................. . Class ............................................... . Name of Registered Proprietor. ........................................... .

Trade or business address.................................................. . Description .................................................................... . Application is hereby made by.............................. :............. .

of (a) ....................................(or by................................... . a member of the Firm of. ...................................... :.................. . of (a) ................................................................................ . on behalf of my said Firm)..................................................... .

(a) Here insert the trade or business address and description of the appli-

•. . .... . .. .... ... ..•.. ...•. .•.. ..... .... ......•••..••.••... •.•••.••••••. •••..•....•••.••• cant(s) or his that the entry in the Register of Trade Marks of the Trade Mark (their) firm. No......................in Class.....................may be cancelled.

Dated this ...........................day of........................... , 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(b) .. ...... . . .. ... .. . .. . . .. . . .. .. .. . . . .. .. (b) Signature.

Note.-Rule 85 requires that an application on Form 22 shall be signed by the Registered Proprietor of the Trade Mark, or other person entitled under that rule, unless in exceptional circumstances the Registrar otherwise allows.

(a) Here insert the trade or business address and description of the appli- cant(s) or his (their) firm. (b) Here desig- nate the goods to be struck out.

(c) Signature.

(a) Here insert the name, trade or business address and description of the Registered Proprietor.

FORM 23

TRADE MARKS ACT

Page 95

Application by Registered Proprietor of Trade Mark to the Registrar to strike out Goods from those for which the Trade Mark is registered

(section 36(1)(d) and rules 85 and 86)

IN THE MATTER OF Trade Mark No................................. . registered in Class................................... .

Name of Registered Proprietor............................................ .

Trade or business address .................................................. . Description .................................................................. '" Application is hereby made by............................................ .

of (a) ..........................................(or by............................. . a member of the Firm of. ...................................................... " of (a) ................................................................................ . on behalf of my said Firm).......................................~.............. .

for the striking out of (b)........................................................ . from the goods for which the Trade Mark No.............................. . is registered in Class.................... .

Dated this ...........................day of..........................., 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(c) ...................................... .

Note.-Rule 85 requires that an application on Form 23 shall be signed by the Registered Proprietor of the Trade Mark, or other person entitled under that rule, unless in exceptional circumstances the Registrar otherwise allows.

FORM 24

TRADE MARKS ACT

Request by Registered Proprietor of a Trade Mark that a Disclaimer or Memorandum relating thereto may be registered

Request is hereby made by (a)............................................... . of ................................................................................... . for the addition to the entry in the Register in connection with Trade Mark No...............................in Class.......................... . ...........................ofthe following......................................... .

Page 96

name1y- .......................................................................... .

............................. ."............................................................................................................................................... Dated this ...........................day of........................... , 19.... ..

(b) ....................................... (b) Signature. To the Registrar,

The Patent Office, Trade Marks Registry,

Deeds Registry, Georgetown.

FORM 25

TRADE MARKS ACT

Application by Registered Proprietor under section 37 for an addition to or alteration of a Registered Trade Mark (rules 89 to 92)

IN THE MATTER OF the Trade Mark No.......................... .. in Class................................ .

Application is hereby made by (a) .......................................... (a) Here insert of................. '" ......................being the Registered Proprietor(s) name, .trade

. M k b d b th h . or busmessof the regtstered Trade ar num ere as a ove, at t e Regtstrar address and shall add to it or alter it in the following particulars, that is to say- description.

(b) .................................................................................... (b) Here fill in full

............................................................................................................................................................................. 0 .... particulars.

.............................................................. , ......................... .

Four copies of the mark as it will appear when so altered are filed herewith.

Dated this ...........................day of............. ~ ............. , 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(c) ....................................... (c) Signature.

(a) Here state full name and address.

(b) Strike out the word (or words) that is (are) not applicable.

(c) Signature.

(a) Here state full name and address.

FORM 26

TRADE MARKS ACT

Application to the Registrar for the Rectification of the Register or the Removal of a Trade Mark from the Register

(To be accompanied by a copy and a Statement of Case in duplicate) IN THE MATTER OF the Trade Mark No........................... .

registered in the name of...........................in Class................. . I (or We) (a) .................................................................... .

hereby apply that the entry in the Register in respect of the above- mentioned Trade Mark may be removed (b) rectified in the following manner:

The grounds of my (our) application are as follows:

No action concerning the Trade Mark in question is pending in the Court.

Address for Service in Guyana in these proceedings: ................. .

Dated this ...........................day of..........................., 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(c) ...................................... .

FORM 27

TRADE MARKS ACT

Application to the Registrar for Leave to intervene in Proceedings relating to the Rectification of the Register or the Removal of a

Trade Mark from the Register

IN THE MATTER OF Trade Mark No............. ~ ................... . registered in the name of..............................in Class.............. .

I (or We) (a) .................................................................... .

hereby apply for leave to intervene in the proceedings relating to the

Page 97

Page 98

rectification or removal of the entry in the Register in respect of the above-mentioned Trade Mark.

My (our) interest in the Trade Mark is....•...............................

Address for Service in Guyana in these proceedings: ................. .

Dated this...........................day of..........................., 19..... . (b) . . .. . . . .. . .. . .. .. . .. . . .. . .. . ... .. .. . . . . (b) Signature.

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

FORM 28

TRADE MARKS ACT

I-Request for Search under rule 115

The Registrar is hereby requested under rule 115 to search in Class*...........................in respect of (a)................................ . to ascertain whether any Trade Marks are on record which resemble the Trade Mark sent herewith in duplicate (each representation being mounted on a. half-sheet of foolscap).

Dated this ...........................day of..........................., 19.... ..

(b) ...................................... .

* The Regis- trar's direc- tion should be obtained if the class is not known. (a) Here specify the goods (in the

(c) .... ........ ............ ............... ~a:~S~~J:~f which the

II R cR' 'P limi' Ad' di" search is to be- equest lor (;g:tstrar s re nary VIce as to stmctlveneSS made. or capability of distinguishing, by a person proposing to apply for (b) Signature.

the registration of a Trade Mark (section 54 and rule 20) (c) Address. I (or We) (a) ..................................................................... (a) Here state

name and. . . . .. .... . .... ... .. . .. .... .... .... .. .. ...... .... .. ...... . ... . .. .. .... .. . .. . . . ..... .... .• address in full. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ~ .................................................... .. hereby request the Registrar to advise me (or us) whether the Trade Mark referred to above appears to him prima facie to be inherently adapted to distinguish or inherently capable of distinguishing my (or our) goods above-mentioned so as to comply with the require- ments of section 11 or section 12 respectively, of the Act for regis- trability in Part A or Part B of the Register.

(b) Signature.

(a) Here state name and address in full.

* To be sent in duplicate.

(b) Here specify the

Dated this ...........................day of. .........................., 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(b) ....................................... .

Note-Request I must be completed.

FORM 29

TRADE MARKS ACT

Request for Registrar's Preliminary Advice as to distinctiveness or capability of distinguishing, by a person proposing to apply for the

registration of a Trade Mark (section 54 and rule 20) I (or We) (a) .................................................................... .

hereby request the Registrar to advise me (or us) whether the Trade Mark shown on the accompanying foolscap sheet *appears to him prima facie to be inherently adapted to distinguish or inherently capable of distinguishing my (or our) goods so as to comply with the requirements of section 11 or section 12,. respectively, of the Act for registrability in Part A or Part B of the Register.

The goods in respect of which I (or we) propose to apply for regis- tration of the said Trade Mark are (b) ...................................... .

goods. Only : •....••.•.•...........•.•.•......•.•.•...........•...................................... goods included ill Class (c)................................ . in one and . the same Dated this...........................day of..........................., 19..... .

b~~~~ill~ (d) ...................................... . A separate Form of Request is required for each class. (c) Here insert the number of the class (if known). In case of doubt, the Registrar's direction may be obtained. (d) Signature.

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

Note.-If and when an application is made to register the trade mark, objection may arise if identical or resembling trade marks are found on the Register. A prior notification of any such relevant marks (if any are to be found) can be obtained by a request to the Registrar made on Form 28.

Page 99

Page 100

FORM 30

TRADE MARKS ACT

Appeal from the Registrar to the Court (Rules 117 to 123)

I (or We) (a) ..................................................................... (a) Here of .................................................................................... ~~~~d hereby give notice of my (or our) intention to appeal to the Court address of from (b).............................................................................. appellant. of the Registrar of the.......................................day of............ ~~e:t~~rhe ..................... , 19......, relating to (c) ....................................... decision" or

"that part of........................whereby he (d) ............................................. the decision" ......................................................................................... as the case

Accompanying this notice is a statement of the grounds ofmy (our) appeal and of my (our) case in support thereof, for the decision of the Court, together with the documents required by rule 118.

Dated this...........................day of........................... , 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(e) ..................................... ..

FORM 31

TRADE MARKS ACT

Request for General Certificate of the Registrar (including Certificate of Registration of a Trade Mark)

Rule 110

IN THE MATTER OF* the Trade Mark No.......................... .. registered in Class.....................*...............

I (or We)...................................................................... .. of ................................................................................... . hereby request the Registrar to furnish me (us) with (b) his Certificate that (a) ............................................................................. . ........................................................................................... .................................... ..... , ............................................................................................................................ ..

maybe. (c) Here insert brief par- ticulars identi- fying the proceeding in which the decision was given. (d) Here insert statement of the nature of the decision in question. (e) Signature.

• These words may be varied to suit other cases.

(a) Here set out the particulars which the Registrar is requested to certify•

(b) Strike out words that are not applicable.

(c) Signature.

(d) Address.

* Write dis- tinctly here "A" or "B" according to the registration desired.

(a) Here specify the goods. Only goods included in one and the same class should be specified.

Page 101

(b) a Certificate of registration of the Trade Mark (b) for use in obtaining registration abroad.

Dated this ...........................day of..........................., 19.... ..

To the Registrar, The Patent Office,

(c) ...................................... .

(d) ...................................... .

Trade Marks Registry, Deeds Registry,

Georgetown.

Extract from rule 112. "Where a certificate of registration of a trade mark is desired for use in obtaining registration abroad, the Registrar...........................shall include in the certificate a copy of the mark and may require the applicant for the certificate to furnish him with a copy of the mark suitable for the purpose and, if the applicant fails to do so, may refuse to issue the certificate. The Registrar...............may state in the certificate such particulars concerning the registration of the mark as to him may seem fit, and may omit therefrom reference to any disclaimers appearing in the register, but in the last-mentioned case the certificate shall be marked:' 'For use in obtaining registration abroad only'."

FORM 32

TRADE MARKS ACT

Application under section 20 and rule 37 for Registration of an Invented Word (or Words) in Part* of the Register as a Defensive

Trade Mark

One representation to be fixed within this space, and four others to be sent on separate Form 4.

Application is hereby made for Registration in Part* of the Register of the above word(s) as a Defensive Trade Mark in Class............. .. ..................in respect of (a) .................................................. .

o. .............................................................................................................................................................................. ..

Page 102

in the name of (b)..................... .. ......... ........... ......... . ............. (b) Here insert legibly the full......................................................................................... name, des-

of (c)...........: ..................................................................... cription and nationality of••.. •.. . . . .. . . . . . . . .. . . ••. • . . ••. •. . . .. . .. . . . . • . . . . . . .. •.. . .. .. . . . . •••. .. . .. •.. . . . . . . . . . . . the individual,

trading as (d)........................................................................ firm, or who is (are) the propri:tor(s) of the same Trade Mark registered in ~~~it~'!iling Class (e)..................m respect of.. ...............................under the appli- N cation. The0........................................ names of all

According to my (our) information and belief, the word(s) is (are) partners in a . t d firm must be illven e . given in full.

The particulars of the facts on which I (we) rely in support of this If the appli- application are set forth in the accompanying Statement of Case (f). ~~~~a~e~~~~

Dated this...........................day of........................... , 19...... kind and f country 0

(g) . .. ... . .. ... . .. .. . .. . ... . . . .. .. .. . .. . .. incorporation should be stated.To the Registrar,

The Patent Office, Trade Marks Registry,

Deeds Registry, Georgetown.

FORM 33

TRADE MARKS ACT

(c) Here insert the full trade or business address of the applicant. (d) Here insert the trading style (if any). (e) Here insert particulars of the Applicant registration of the Trade Mark.

F f R h R · b R' d P' (f) To beorm 0 equest to t e egIstrar y a egIstere ropnetor or a furnished in Registered User of a Trade Mark, or a person about to be so regis- t)p~~ate. tered, to enter, alter, or substitute an Address for Service as part of g 19nature.

his Registration (ru1es 13, 81)

Request is made by (a)........................................................ .

..............................who is about to be registered as (or) who is the Registered (b) Proprietor (user) ofTrade Mark(s) No................* registered in Class.....................for the (c) inclusion, addition, alteration or substitution of an address for service in Guyana in or to the entry thereof so that the address for service in Guyana may read: (d) ................................................................................... .

Dated this ...........................day of........................... , 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(e) ...................................... .

(a) Here insert the full name and trade or business address of the person making the request.

(b) Strike out one of the words "Pro- prietor" or "User" as the case may be. * Additional numbers may

be given in a signed schedule on the back of the FOnD. (c) Cancel words that are not applicable. (d) State here the precise entry or changed entry desired. (e) Signature. (a) Here insert the name of the public authority ordering the change, and the date thereof. (b) Signature of the Registered Proprietor or Registered User, as the case may be.

(a) Here specify the goods of the registration.

Page 103

Note.-A Registered Proprietor or Registered User whose address for service in Guyana has been altered by a public authority, so that the changed address designates the same premises as before, maymake also the statement for which there is provision on the back of this Form in order to avoid payment of the fee.

Note.-By rules 13 and 81 an application on Form 33 must be signed by the Applicant for registration or the Registered Proprietor or Registered User, as the case may be, or by an agent expressly authorised by him for the purpose of such an application, unless in exceptional circumstances in the Registrar otherwise allows.

To appear on the back of the Form: (For use only in case of an address for service changed by a public

authority, without change of premises) The change of address, for the entry of which application is made

on the other side of this Form, was ordered by (a)....................... .

on the...........................day of..................................., 19..... . Dated this ...........................day of..........................., 19..... .

(b) ...................................... .

FORM 34

TRADE MARKS ACT

Section 39-Schedule to the Act-Rule 40 Regulations for governing the use of Certification Trade Mark

No........................ . in Class................................ .in respect of (a)....................... .

(For Official Use)

Advertised in the Gazette No..............................................at page.................................on the.................................day of

(Date of Application and Registration................................... . ......................................., 19......)

FORM 35

TRADE MARKS ACT

Request for the consent of the Minister to alteration of the deposited Regulations for use of a Certification Trade Mark

Section 39-Schedule to the Act-Rule 94

Page 104

Application is hereby made by (a).......................................... (a) Here state name•. . ••. . . . . . . . . . . . •. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •. . . . . . . . . . . . . . . . . . . . . . and address

........................................................•............•........•••.......• of the

who is (or are) the Proprietor(s) of the Certification Trade Mark(s) i~~~~~~~;~~. No. (b)...................................... ,... *registered in Class............ (b) lfthe same *in respect of (c).................................................................. Regulations

* apply to more....................................................................................... than one that the deposited Regulations for governing the use of the Mark may registration, be altered in the manner shown in red in the accompanying copies (d) ~~eallili~ers of the Regulations as proposed to be altered, and for the consent of registrations the Minister to such alteration should be. stated.

Dated this...........................day of..........................., 19...... (c) Here state the specifi-

(e) . . . . .. . . . . . . . . . . . .. .. . .. . . .. .. .. .. . .. .. cations of the To the Registrar,

The Patent Office, Trade Marks Registry,

Deeds Registry, Georgetown.

* Additional numbers and Specifications may be given in a signed Schedule on the back of the Form.

FORM 36

TRADE MARKS ACT

Section 39-Schedule to the Act-Rule 93 Application to the Minister for an order Expunging or Varying an entry in the Register relating to a Certification Trade Mark or

Varying the deposited Regulations (To be accompanied by a copy and a Statement of Case in

duplicate) IN THE MATTER OF Certification Trade Mark No............... .

registered in the name of........................................................ . in Class............................ ..

I (or We) (a) ................................................................... ..

respective registrations. (d) Three copies should be furnished. (e) Signature.

(a) Here state ......................................................................................... f~nde being an aggrieved person(s), hereby apply for an order of the an a dress. Minister that:

1. (b) The Entry in the Register in respect of the above mentioned (I;) Strike out T d M k b () eIther para-ra e ar may e c graph that is

( d ~exp.un~e . applicable. (vaned ill (c) Strike out the following one of these

lines.manner.

(d) Signature.

(a) Here state full name and address.

(b) The grounds should be limited to matters referred to in paragraph 1(5) of the Schedule to the Act.

Page 105

2. (b) The deposited Regulations governing the use of the above mentioned Trade Mark may be varied in the following manner: ..... . ..........................................................................................

The grounds of my (our) application are as follows: ..........................................................................................

Address for Service in Guyana in these proceedings: ......................................................................................... ...........................................................................................

Dated this...........................day of........................... , 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(d) ...................................... .

FORM 37

TRADE MARKS ACT

Notice to the Registrar under paragraph 2(2) of the Schedule to the Act and rule 58, of Opposition to an Application for registration of a

Certification Trade Mark (To be accompanied by two duplicates)

IN THE MATTER OF an application No......................by..... . ........................of...................................... .

I (or We) (a).................................................................... . .............................................................................................. ~...................................................................... . hereby give notice ofmy (or our) intention to oppose the Registration of the Certification Trade Mark advertised under the above number for Class.......................... .in the Gazette of the....................... . day of........................... , 19...... , No.........................page..... .

The grounds of opposition are as follows (b):

Address for Service in Guyana in these proceedings:

Page 106

Dated this...........................day of........................... , 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(c) ...................................... .

FORM 38

TRADE MARKS ACT

Form of Counter-Statement in reply to Notice to the Registrar under paragraph 2(2) of the Schedule to the Act and rule 58, of Opposition to an Application for registration of a Certification Trade Mark

(To be accompanied by two duplicates)

IN THE MATTER OF an Opposition, No...................... , to Application for registration of a Certification Trade Mark No......... .

I (or we).......................................................................... . the applicant(s) for Registration of the above-numbered Certification Trade Mark, hereby give notice that the following are the grounds on which I (or We) rely as supporting my (or our) application:

I (or We) admit the following allegations in the notice of Oppo- sition:

Address for Service in Guyana in these proceedings:

Dated this .. '" ......................day of........................... , 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(a) ....................................... (a) Signature.

FORM 39

TRADE MARKS ACT

Hearing by the Registrar of an Opposition under paragraph 2(2) of

Page 107

the Schedule to the Act and rule 58, to an Application for registration of a Certification Trade Mark

Notice of Attendance at Hearing (a) Here insert I (or We) (a).................................................................... . ~ddr~;.nd of ................................................................................... .

........................................................................................... hereby give notice that the Hearing by the Registrar of the arguments in the case of Opposition No................ to Application No............ . for the registration of a Certification Trade Mark, which, by the Registrar's Notice to me (or us) dated the ...........................day of ........................... , 19...... , is fixed for..................a.m. or p.m. at the Patent Office on the...........................day of....................., 19...... , will be attended by me (or us) or by some person on my (or our) behalf.

Dated this...........................day of........................... , 19..... . (b) Signature. (b) ..................................... ..

(c) Address. (c) .. , ................................... .

(a) Here insert the name and trade or business address of the registered Proprietor.

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

FORM 40

TRADE MARKS ACT

Application for the Certificate of the Registrar under section 24(5) and rule 79 with reference to a proposed Assignment of a Registered

Trade Mark (To be accompanied by a Statement of Case in duplicate and a copy

of the proposed assignment) IN THE MATTER OF Trade Mark(s) No.(s)......................... ..

registered in the name of. ....................................................... . in Class(es) ............................................... '" ..................... .

Application is hereby made by (a) ........................................ .. ...................................................................'.... '................... . .......................................................................................... of ................................................................................... . being the Registered Proprietor(s) of the above-numbered registered trade mark(s), for the Registrar's Certificate under section 24(5) with reference to a proposed assignment of the registered trade mark(s) No.(s) ................................................................................ .

Page 108

to (b) ................................................................................. (b) Here of ................................................................................... ; =~!d ............••.........•..........•........................•....•......................•• trade or

in circumstances that are stated fully in the accompanying Statement ~dc1:~sof the of Case. proposed

Dated this ...........................day of........................... , 19...... assignee.

(c) .. , .................................... (c) Signature. To the Registrar,

The Patent Office, Trade Marks Registry,

Deeds Registry, Georgetown.

FORM 41

TRADE MARKS ACT Application for the Approval by the Registrar under section 24(6) and rule 79 of a proposed assignment, or of a transmission (on or after the appointed day), of a Trade Mark resulting in exclusive

rights in different persons for different parts of Guyana (To be accompanied by a Statement of Case in duplicate and a copy of the Instrument proposed for the Assignment or effecting the

Transmission) IN THE MATTER OF a Trade Mark(s)* Registered under No.(s)

.................... .in Class(es) ..................... , *the property of........ .

*To be struck out in the case of un- registered trade marks. Strike out either para- graph (1) or paragraph (2).

Application is hereby made by............................................. (a) Insert here (1) (a)................................................................................. ~:d~a:re and of ....................................................... ............................. business h P . f h d k() h . h . address of thet e ropnetor 0 tetra e mar s s own m t e accompanymg Proprietor. Statement of Case (b) (registered in his name) and (b) (used by him) 0?)hStrikif' e out .. elt er not m respect of the followmg goods............................................. applicable. .............. .for the approval by the Registrar ofa proposed assignment (c) Iusert here f h d k( ) ( ) the names ando tetra e mar s to c. .. .. . ... . . . . .. .. .. . . .. .. .... . .... . . . . . . .. .. . ... .. .. .. trade or

'h'" .~ '1'1' ••••: •••••••• 'd'.. of ......................................... .in brespelcdt of ~n:s~::~f1he telo owmg goo s: .............................................to e so or proposed otherwise traded in in (d)......................................................... ass~gnee, or .................. + (and to (c) ...................................................... @)lke:~ the ..................... of .................................. ,............................ name of the ..............................in respect of the following goods............... place or .....................to be sold or otherwise traded in in (d) .................. g~~~ ...........................) in circumstances that are stated fully in the +Strike out accompanving Statement of Case the brac~eted

J~ passage if not (2) (e) .............................................................................. of required.

(e) Insert here the name and trade or business address of the person who claims a transmission to him. (f) Insert here the date of the trans- mission, which must not precede the appointed day. (g) Strike out the words that are not applicable. (h) Insert here the name and trade or business address of the predecessor in title, if any. (i) Insert here the name and trade or business address of the person who transmitted. (j) Signature.

(a) Here insert the name and and trade or business address of the assignee (applicant).

(b) Here insert the name and trade or

Page 109

who claims that the trade mark(s) shown in the accompanying Statement of Case was (were), in respect of the following goods, namely ............................................................................. .

and on the (f) ...........................day of. ....................... , 19..... . transmitted to (g) him (to (h)................................................of ...................................................... (who was his predecessor in title)), by or from (i) ........................................................... . of ................................................................................... . by whom the Trade Mark was then used in respect of the following goods namely...............................................................all in circumstances that are stated fully in the accompanying Statement of Case, for the approval by the Registrar of the aforesaid transmission.

Dated the........................... day of. .........................., 19 ..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(j) ...................................... .

FORM 42

TRADE MARKS ACT Application to the Registrar under section 24(7) and rule 80 for Directions for the Advertisement of an Assignment of Trade Marks

otherwise than in connection with the goodwill of the business (To be accompanied by a duplicate)

Application is hereby made by (a) ......................................... .

of .................................................................................. .. for the Registrar's Directions with respect to the advertisement of an assignment to him (them) of the following Trade Marks other- wise than in connection with the goodwill of the business in which they were used at the time of assignment, namely;-

(1) Registered Trade Marks. Registration Number +

Class Goods in respect of which the Mark has been used and is assigned

all of which are or were registered in the name of (b) ................................................... of .......................... . .............................................who is the assignor.

Page 110

(2) Unregistered Trade Marks (c), all being Marks used in his business ad- business at the time of the assignment in respect of the goods stated dress ?ft thepropne or below, by (b)........................................................................ (assignor). .............................. of ...................................................... (c) Only those

h . h . unregistered..........•................. , .............W 0 IS t e assIgnor: trade marks Representation of Mark Goods in respect of passing by

hi h h k h the one+ W C t e Mar as assignment been used and is and used in

. d the same asslgne business and

The date of the assignment was the ...........................day of for the same goods as those........................... , 19..... .

The instrument effecting the assignment is sent herewith, together with a copy thereof.

It is suggested that advertisement shall be directed as follows, namely, in.......................................................................... . + Additional Marks and numbers may be given in a signed schedule on the back of the Form.

Dated the...........................day of........................... , 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(d) ...................................... .

FORM 43

TRADE MARKS ACT Application for Extension of Time in which to apply for the Registrar's Directions for the advertisement of an assignment of Trade Marks otherwise than in connection with the goodwill of the

business (section 24(7) and rule 80)

for which one or more of the registered marks are registered may be stated here.

(d) Signature.

Application is hereby made by (a).......................................... (a) Here insert ............................................................. , . .. .. . ... . . . . .... . . ... of :-:d~a:e and .................................................................................... for business

. f' f (b) the ). hi h 1 address of theextensIOn 0 time 0 •••.........•..•..•..mon s IS W C to app y . C hR' 'D' . C h d' f . asSIgneelOr t e egtstrar s rrectIOns lor tea vertisement 0 an aSSIgnment (applicant). to him (them) of the following Trade Marks otherwise than in con- (b) Here insert nection with the goodwill of the business in which they were used at ::?:~:: ~~ the time of assignment, namely- "three".

(1) Registered Trade Marks: Registration Number +

Class Goods in respect of which the Mark has been used and is assigned

(c) Here insert the name and trade or business address of the proprietor (assignor).

(d) Signature.

(a) Here insert the name and trade or business address of the Registered Proprietor (applicant).

Page 111

all of which are or were registered in the name of(c) .............. , ..... . ............................................. of ...................................... . ..........................................who is the assignor:

(2) Unregistered Trade Marks, all being Marks used in his business at the time of assignment and in respect of the goods stated below, by (c) ................................................................................ . .......................................... of ......................................... . who is the assignor:

Representation of Mark +

Goods in respect of which the Mark has been used and is assigned

The date ofassignment was the...........................day of.............. . ............. , 19..... . + Additional Marks and numbers may be given in a signed Schedule on the back of the Form.

Dated the...........................day of. .......................... , 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(d) ...................................... .

FORM 44

TRADE MARKS ACT

Reclassification

Application to the Registrar under rule 6 by the Proprietor of a Registered Trade Mark for the Conversion of the Specification

from the Third Schedule to the Fourth Schedule

IN THE MATTER OF a Trade Mark No...................registered in the name of.......................... .in Class..............................of the Third Schedule.

Application is hereby made by (a) ......................................... . ................................................ '" the Registered Proprietor of the above numbered Trade Mark, for the conversion of the specifi- cation of the above mentioned registration from the Third Schedule to the Fourth Schedule of the Trade Marks Rules.

The specification(s) entered in the Register in accordance with the Third Schedule is (are): ........................................................ .

Application is made that the Registrar should propose the fol-

Page 112

lowing specification(s) in accordance with the Fourth Schedule, upon conversion:

Class: ................................... . Class: ................................... . Dated this...........................day of. .......................... , 19..... .

(b) . ... . .. . . .. . . .. .... . . . . . . . .. .. . . . . .. . .. (b) Signature. To the Registrar,

The Patent Office, Trade Marks Registry,

Deeds Registry, Georgetown.

FORM 45

TRADE MARKS ACT

Reclassification

Notice of Opposition to Proposal for Conversion of Specification (section 38 and rule 7)

(fo be accompanied by a duplicate and a statement, in duplicate, showing how the proposed conversion would be contrary to

section 38(2)) IN THE MATTER OF *Trade Mark(s) No........................... .

registered in the name of.. .........................in Class................. . ....................................of the Third Schedule of the Rules.

I (or We) (a) .................................................................... . .......................................hereby give notice of my (or our) intention to oppose the proppsal for the conversion of the specifi- cation(s) of the Trade Mark(s), advertised in the Gazette of the ...........................day of........................... , 19......No......... . ......... , page.................... .

The grolmds of opposition are as follows:

........................................................................................... My (or Our) address for service in Guyana in these proceedings is:

..........................................................................................

............................................................... .., ........................ . Dated this...........................day of........................... , 19..... .

(a) Here state full name and address.

(b) ....................................... (b) Signature.

(a) Here state full name and address.

(b) Signature.

Page 113

* The numbers of more than one trade mark dealt with by the same proposal may be given, provided the specifications are the same.

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

FORM 46

TRADE MARKS ACT

Notice of Opposition to Application under section 37 for addition to or alteration of a Registered Trade Mark

(Rule 90)

(To be accompanied by a duplicate)

IN THE MATTER OF Trade Mark No......................registered in the name of. ......................... .in Class................................ .

I (or We) (a).................................................................... .

hereby give notice of my (or our) intention to oppose the addition to or alteration of the Trade Mark numbered and registered as above, so that it shall be in the form shown in the application advertised in the Gazette of the...........................day of........... . ............... , 19......, No......... :............, page.......................... .

The grounds of opposition are as follows:

Address for Service in Guyana in these proceedings:

Dated this...........................day of..........................., 19...... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(b) ...................................... .

Page 114

FORM 47

TRADE MARKS ACT

Notice of Order of Court for Alteration or Rectification of Register of Trade Marks

(Rule 125)

IN THE MATTER the Trade Mark, No......................registered in Class........................... in the name of............................... ..

Notice is hereby given to the Registrar that, by an Order of the Court made on the...........................day of........................... , 19...... , it was directed that...................................................... .

An Office Copy of the Order of the Court is enclosed herewith. Dated this...........................day of........................... , 19.... ..

* To the Registrar,

The Patent Office, Trade Marks Registry,

Deeds Registry, Georgetown.

FORM 48

TRADE MARKS ACT

Request to the Registrar for entry on the Register and advertisement of a note of a Certificate of Validity by the Court under section 58

(Rule 88)

IN THE MATTER OF Trade Mark(s) No.(s) ......................... .. registered in Class.....................in the name of.. .................... ..

I (or We) (a).................................................................... .

* To be signed by the person interested or his agent.

(a) Here state the

......................................................................................... name and

.............. .. ......... . .... . ... .. . ... . .... ...... . . . . ..... .. ....... . ... . .... ..... ...... address of the

hereby request the Registrar to add to the above-numbered entry(ies) ~~~:~~~. of a Trade Mark in the Register, and to advertise in the Gazette a note that in (b) .................................................................................... ~~ !~::t~ie ......................................................................................... thepro-

the Court certified that the validity of the said registration(s) came :edings, wi~h into question and was decided in favour of the proprietor of the Trade th:~~:~o

Page 115

them, in which Mark in the terms of the accompanying Office Copy of the certificate the Certificate of validity. was given.

(c) Signature.

• Additional numbers may be given in a signed Schedule on the back of the Form. (a) Here insert full names, trade or business address and description of the registered proprietor(s). (b) Here insert the specifi- cation in the register. (c) Here insert the full name, description and nationality of the indi- vidual, firm, or body cor- porate, pro- posed as registered user. The names of all partners in a firm must be given in full. In the case of a body cor- porate brief particulars of the kind and country of incorporation should be stated. (d) Here insert the full trade or business address of the

Dated this...........................day of..........................., 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(c) ...................................... .

FORM 49

TRADE MARKS ACT

Application for Registration of Registered User (To be accompanied by a Statement of Case giving particulars and stating as required by section 30(4), verified by a Statutory Declara- tion made by the Proprietor, or by some person authorised to act on

his behalf and approved by the Registrar)

Application is hereby made by (a) ......................................... .

who is (or are) the registered proprietor(s) of Trade Mark(s) No.(s) .....................* registered in Class.....................in respect of (b) ................................................................................... . that (c) .................................................. ;.......................... .

of (d) ................................................................................ . ................................. trading as (e) ...................................... .

who hereby joins in the application, may be registered as a registered user of the above-numbered registered trade mark(s) in respect of (f) ....................................................................................

subject to the following conditions or restrictions: (g) ................................................................................... .

(h) The proposed permitted use is to end on the.......................... . _day of.. ......................... , 19...... The proposed permitted use is without limit of period.

Dated this ...........................day of. .......................... , 19..... . (i) ......... '" ., ........................ .

Page 116

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown. (A request for the entry of an address for service of the registered

user may be made on a copy of Form 33 if it accompanies this Form.)

FORM 50

TRADE MARKS ACT

Application by the Registered Proprietor of a Trade Mark for variation of the registration of a Registered User thereof with regard

to the goods or the conditions or restrictions (section 30(8)(a); rule 97)

(To be accompanied by a Statement of the Grounds for the applica- tion and the written consent (if given) of the Registered User)

Application is hereby made by (a) ......................................... .

the proprietor or trade mark(s) No............................*registered in Class.................... .in respect of (b) ................................... .

that the registration of (c)..................................................... .

as a registered user of the above-numbered trade mark(s) in respect of (d) ................................................................................ . .....................may be varied in the following manner: (e) ........... .

Dated this...........................day of. .......................... , 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(f) .......................................

proposed registered user. (e) Here insert trading style (if any). (f) Here insert designation of goods (which must be comprised within the specification). (g) Write "None" if there are no conditions or restrictions. (h) Strike out the words that are not applicable. (i) Signature.

(a) Here insert the full name, description and trade or business address of the registered proprietor. * Additional numbers may be given in a signed Schedule on the back of the Form. (b) Here insert the speci:fi- cation in the register. (c) Here insert the full name, description and trade or business address of the registered user. (d) Here insert the goods in respect of which the user is registered. (e) Here state in terms the manner in which it is requested that the entry should be varied. (f) Signature.

(a) Here insert the full name, description and trade or business address of the applicant or of the applicants. (b) Strike out the words that are not applicable. * Additional numbers may be given in a signed Schedule on the back of the Form. (c) Here insert the specifi- cation in the register. (d) Here insert the full name, description and trade or business address of the registered user whose entry is sought to be cancelled. (e) Here insert goods in respect of which that registered user is entered. (f) Sig- nature(s).

* Additional numbers may be given in a signed Schedule on the back of the Form.

FORM 51

TRADE MARKS ACT

Page 117

Application by the Registered Proprietor of a Trade Mark or by any of the Registered Users of the Trade Mark for the cancellation of

entry of the Registered User thereof

(section 30(8)(b); rule 98) (To be accompanied by a Statement of the Grounds for the

application) Application is hereby made by (a) ......................................... .

being (b) the Registered Proprietor (a Registered User) of trade mark(s) No......................*registered in Class.......................... . in respect of (c).................................................................... .

for the cancellation of the entry under the above-mentioned regis- tration(s) of (d) ................................................................... ..

.....................as a registered user of the trade mark(s) in respect of (e) ................................................................................ .

The grounds for this application are set forth in the accompanying statement.

Dated this ...........................day or. .......................... , 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(f) ...................................... .

FORM 52

TRADE MARKS ACT

Application for cancellation of entry of a Registered User of a Trade Mark

(section 30(8)(c); rule 99) (To be accompanied by a Statement of the Grounds for the

application)

Page 118

IN THE MATTER OF Trade Mark(s) No.(s) ..................... '" * registered in Class.................... .in the name of (a).................... .

Application is hereby made by (b) ......................................... .

(whose address for service in Guyana in these proceedings is ........... . ................................................) for the cancellation of the entry under the above-mentioned registration(s) of (c)................ '" ..

as the registered user thereof in respect of (d) ............................. .

The grounds of this application, particulars of which are given in detail in the accompanying statement of case, are (e).................... .

Dated this ...........................day of. .......................... , 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(f) ...................................... .

FORM 53

TRADE MARKS ACT

Notice to the Registrar under section 30(9) and rule 100 of intention to intervene in proceedings for the variation or cancellation of an

entry of a Registered User of a Trade Mark (To be accompanied by a Statement of the Grounds for

intervention) IN THE MATTER OF a Trade Mark No...................registered

in Class.................... .in the name of (a) ...... .'.......................... . and

IN THE MATTER OF a registration of (b)............................. .

thereunder as a Registered User of the Mark.

(a) Here insert the name, trade or business address and description of the registered proprietor as entered in the register. (b) Here insert the name and address of the applicant for cancellation. (c) Here insert the name, trade or business address and description of the registered user as entered in the register. (d) Here insert the goods in respect of which the registered user is entered. (e) Here insert one or more of the sub- paragraphs of paragraph (c) of section 30(8) num- bered (i), (ii), (iii).

(a) Insert here the name of the Registered Proprietor. (b) Insert here the name and trade or business address of the

Registered User.

(c) Signature.

Page 119

In reply to the Registrar's Notification dated the....................... . day of........................... , 19...... notice is hereby given of my intention to intervene in the proceedings in the above matter.

My address for service in Guyana for the purpose of these pro- ceedings is .......................................................................... .

Dated the...........................day of. .......................... , 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(c) ...................................... .

FORM 54

TRADE MARKS ACT

The Trade Mark shown above has been registered in Part A (or B) of the Register in the name of. ....... " ........................................ . ................................... .in Class...........................Under No. ................................ .as of the date...................................... . 19...... , in respect of.............................................................. .

Sealed at my direction, this ...........................day of.. ............ . ............ , 19..... .

The Patent Office, Trade Marks Registry,

Deeds Registry, Georgetown.

Registrar.

Registration is for 7 years from the date first above-mentioned, and may then be renewed, and also at the expiration of each period of 14 years thereafter.

This certificate is not for use in Legal proceedings or for obtaining Registration abroad.

Note.-Upon any change of ownership of this Trade Mark, or change in address, application should AT ONCE be made to the Registrar to register the change.

Page 120

FORM 55

TRADE MARKS ACT FORM OF APPOINTMENT OF AGENT

(a) Here state the particular purpose for which the agent is appointed, e.g., all pur-

. poses, in I (or We) hereby appoillt.. ..............................................of connection

t t ( ) t · G with the•••.................... , ............ 0 ac as my or our agen ill uyana registration of for (a)..............................'................................................... the accom- and request that all notices, applications or communications relating :~! ~~e thereto may be sent to such agent at the above address. C of the

register and Dated the...........................day of. .......................... , 19....,.. anyapplica-

tion in oppo- (b) . .. . .... ..... . ... .. . .. .. . .. . . . .. . .. . ... sition thereto

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

FORM 56

TRADE MARKS ACT

APPLICATION FOR REGISTRATION IN PART C OF THE REGISTER

One representation to be fixed within this space and four others to be sent on separate Forms 4.

Representations of a large size may be folded, but must then be mounted upon linen or other suitable material and affixed hereto.

under section 46 of the Act and any assignment or renewals thereof. (b) Signature.

(a) Here insert name, address

I (or We) (a) ..........................................of........................ a~d ~es- . cnption of

....................................do solemnly and sillcerely declare that applicant or I am (or We are, or A.B. is or are) the registered proprietor (or pro- applicants. prietors) of the Trade Mark (or series of Trade Marks) registered in (b) Here insert the United Kingdom under the Trade Marks Act, 1938, ofthe United nUI?ber of Kingdom numbered (b) .................................and bearing date ~1~~m (c)...........................andreferred to in the accompanying certificate Trade Mark of the Comptroller General of the United Kingdom Patent Office. of Marks.

(c) Here insert And I (or We) make this declaration conscientiously believing the date of

same to be true and according to the Statutory Declarations Act, United King- dom regis-

Chapter 5:09. tration. (d) ....................................... (d) Signature.

(a) Here state name, address and descrip- tion of registered proprietor.

(b) Here state goods.

(c) Here insert date of registration in the United Kingdom.

Page 121

Declared before me at.......................................................... .. this ...........................day of........................... , 19..... .

I (or We) hereby apply for registration of the said Mark(s) in Part C of the register and that a Certificate of Registration may be issued to me (or to us, or A.B.) for the said Mark(s).

(d) ...................................... . My (or Our) address for service in Georgetown is:

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

FORM 57 TRADE MARKS ACT

CERTIFICATE OF REGISTRATION

To (a) I, .......................................................Registrar of Patents

Designs and Trade Marks, Guyana, do hereby certify that the United Kingdom Trade Mark(s) numbered................................ . and dated.......................................................................... . (a specimen of which is hereunto affixed) has been registered in accordance with the provisions of the above-named Act in your name in Part C of the register in Class...........................in respect of (b) ................................................................................ .

And I do hereby further certify that the privileges and rights .con- ferred by this Certificate issued under the said Act shall date from the (c) .............................................day of. ..............................•• 19...... subject to the proviso to section 44 of the said Act and shall continue in force for such time as the registration in the United Kingdom shall remain in force, subject to notification in Guyana of renewals of registration in the United Kingdom as required by section 50 of the said Act.

Representation of

Mark

In witness whereof I have hereunto set my hand and seal of office this........... . day of. ................... .in the year of Our Lord One Thousand Nine Hundred and................................ .

Registrar of Patents, Designs and Trade Marks. The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

Page 122

FORM 58

TRADE MARKS ACT APPLICATION TO REGISTER SUBSEQUENT PROPRIETOR

I (or We) (a) ................................................hereby make (a) Here insert application to you to enter my (or our) name (or names) in Part C of name, address the.regist~r of trade marks as th~ prop~etor (or proprietors) of the ~~tf:-Of Umted Kingdom Trade Mark regIstered m Guyana under No.......... applicant or in Class .................... .in respect of. ............................. , .... . ...... applicants.

I am (or We are) entitled to the privileges and rights conferred by the Certificate of Registration issued under the above-named Act, in proof whereof I (or we) transmit the said Certificate of Registration (b) Describe

. any documentand (b)......................... .................... on which

Dated the...........................day of. .......................... , 19...... ~~e~Pg~c:r~. (c) ....................................... (c) Signature.

My (or Our) address for service in Georgetown is as follows: To the Registrar,

The Patent Office, Trade Marks Registry,

Deeds Registry, Georgetown.

FORM 59

TRADE MARKS ACT APPLICATION FOR REGISTRATION OF REGISTERED

USER IN PART C OF THE REGISTER

One representation to be fixed within this space and four others to be sent on separate Form 4.

Representations of a large size may be folded, but must then be mounted upon linen or other suitable material and affixed hereto.

I (or We) (a) ..........................................of. ....................... (a) Here insert .......................................do solemnly and sincerely declare that name, address I am (or we are, or A.B. is or are) entered in the United Kingdom ~ri~tt:-of Register of Trade Marks as a registered user (or users) in respect of applic~t

, ) or applicants.(b) ...................................................... of the Trade Mark(s (b) H t registered in the United Kingdom under the Trade Marks Act, 1938, out th:-:~~ds.

Page 123

(c) Here insert of the United Kingdom numbered (c) ...................................... . t~~~r of and bearing date (d).............................................................. . :r<!gdom and referred to in the accompanying certificate of the Comptroller Trade Mark General of the United Kingdom Patent Office. or Marks. hi d 1 . b Ii' h (d) Here insert And I (or We) make t s .ec aratIOn conscientiously e .evmg t e date of United same to be true and accordmg to the Statutory DeclaratIOns Act, Kingdom C 5'09registration. ap... (e) Signature. (e) ...................................... .

(a) Name, address and description of applicant.

(b) Signature.

Declared before me at. ....................................................... . this........................... day of........................... , 19..... .

I (or We) hereby apply to be registered as a registered user of the said Mark(s) in respect of (b) .................................................. . in Part C of the register and that a Certificate of Registration may be issued to me (or to us, or A.B.) accordingly.

(e) ...................................... . My (or our) address for service in Georgetown is:

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

FoRt\1 60

TRADE MARKS ACT NOTICE OF RENEWAL

I (or We) (a) .........................................................hereby give you notice that registration in the United Kingdom of the Trade Mark registered in Guyana under No........................ .in Class ................................ .in respect of. ..........................has been renewed in the United Kingdom. In proof whereof I (or We) transmit the accompanying certificate of the Comptroller General of the United Kingdom Patent Office dated......................................... .

My (or Our) address for service in Georgetown is as follows:

Dated the...........................day of........................... , 19..... .

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

(b) ...................................... .

Page 124

FORM 61

TRADE MARKS -ACT APPLICATION UNDER SECTION 51 OF THE ACT (a) Name,

address andIn the matter of the United Kingdom Trade Mark registered in description. Part C under number. .................... on.................................... (b) Use words

I (or We) (a) .................................the registered proprietor of iJ.? brackets as the said Trade Mark hereby apply (b) (that the registration of the :~~u~~:~~ said Trade Mark may be cancelled, or that the registration of the said (c) Name of Trade Mark may be cancelled in respect of (c) .............................. goods.

h will h +" 11' l' a1 (d) Set out...........................or t at you correct t e 10 owmg c enc error and error, viz. (d).................................or that you will enter (e) ...... corr~tion ......................................................in the register as the name requrred. and/or address of the proprietor of the said Trade Mark). ~~w~~here

and/or Dated the...........................day or. .........................., 19...... address.

(f) .. .. ...... .... ........ ..... ... ... ... ... (f) Signature. My address for service in Georgetown is:

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

FORM 62

TRADE MARKS ACT REQUEST OF ISSUE OF CERTIFICATE

(a) Name, In the matter of the United Kingdom Trade Mark registered in address and

Part C under number..............................on........................... description. Sir (b) Here. set

, out partIculars I (or We) (a) .........................................................hereby which the

request you to furnish me (or us) with your Certificate that (b) !~~~~~~ ~~ ....................................................................................... certify.

This Certificate is required for the following purpose, viz. (c) (c) Here state the purpose

....................................................................................... for which

Dated this ...........................day of........................... , 19...... i~~e~::f.ate (d) ....................................... (d) Signature.

To the Registrar, The Patent Office,

Trade Marks Registry, Deeds Registry,

Georgetown.

Class 1

THIRD SCHEDULE

CLASSIFICATION OF GOODS

Chemical substances used in manufactures, photography, or philo- sophical research, and anti-corrosives.

Class 2 Chemical substances used for agricultural, horticultural, veterinary

and sanitary purposes. Class 3 Chemical substances prepared for use in medicine and pharmacy. Class 4 Raw, or partly prepared, vegetable, animal, and mineral substances

used in manufactures, not included in other classes. Class 5 Unwrought and partly wrought metals used in manufacture. Class 6 Machinery of all kinds, and parts of machinery, except agricultural

and horticultural machines and their parts included in Class 7. Class 7 Agricultural and horticultural machinery, and parts of such

machinery. Class 8 Philosophical instruments, scientific instruments, and apparatus for

useful purposes; instruments and apparatus for teaching. Class 9 Musical instruments. Class 10 Horological instruments. Class 11 Instruments, apparatus, and contrivances, not medicated, for surgical

or curative purposes, or in relation to the health of men or animals.

Class 12 Cutlery and edge tools. Class 13 Metal goods, not included in other Classes. Class 14 Goods of precious metals and jewellery, and imitations of such goods

and jewellery. Class 15 Glass.

Class 16 Porcelain and earthenware. Class 17 Manufactures from mineral and other substances for building or

decoration. Class 18 Engineering, architectural, and building contrivances.

Class 19 Arms, ammunition, and stores, not included in Class 20.

Class 20 Explosive sub~tances.

Page 125

Page 126

Class 21 Naval architectural contrivances and naval equipments not included

in other Classes. Class 22 Carriages. Class 23 (a) Cotton yarn. (b) Sewing cotton. Class 24 Cotton piece goods. Class 25 Cotton goods not included in other Classes.

Class 26 Linen and hemp yarn and thread.

Class 27 Linen and hemp piece goods.

Class 28 Linen and hemp goods not included in other Classes.

Class 29 Jute yarns and tissues, and other articles made ofjute, not included in

other Classes.

Class 30 Silk, spun, thrown, or sewing.

Class 31 Silk piece goods.

Class 32 Silk goods not included in other Classes.

Class 33 Yarns of wool, worsted or hair.

Class 34 Cloths and stuffs of wool, worsted, or hair. Class 35 Woollen and worsted and hair goods, not included in other Classes. Class 36 Carpets, floor-cloth and oil-cloth. Class 37 Leather, skins unwrought and wrought, and articles made of leather

not included in other Classes. Class 38 Articles of clothing.

Class 39 Paper (except paper hangings), stationery, and bookbinding. Class 40 Goods manufactured from india-rubber and gutta-percha not in-

cluded in other Classes.

Class 41 Furniture and upholstery.

Class 42 Substances used as food or as ingredients in food.

Class 43 Fermented liquors and spirits.

Class 44 Mineral and aerated waters, natural and artificial, including ginger

beer.

Class 45 Tobacco, whether manufactured or unmanufactured.

Class 46 Seeds for agricultural and horticultural purposes.

Class 47 Candles, common soap, detergents; illuminating, heating, or lubri-

cating oils; matches; and starch, blue, and other preparations for laundry purposes.

Class 48 Perfumery (including toilet articles, preparations for the teeth and

hair, and perfumed soap).

Class 49 Games of all kinds and sporting articles not included in other Classes.

Class 50 Miscellaneous.

(1) Goods manufactured from ivory, bone or wood, not included in other Classes.

(2) Goods manufactured from straw or grass, not included in other Classes.

(3) Goods manufactured from animal and vegetable substances, not included in other Classes.

(4) Tobacco pipes. (5) Umbrellas, walking sticks, brushes and combs for the hair. (6) Furniture cream, plate powder. (7) Tarpaulins, tents, rick-cloths, rope (jute or hemp), twine. (8) Buttons of all kinds other than of precious metal or imitations

thereof. (9) Packing and hose.

(10) Other goods not included in the foregoing Classes.

FOURTH SCHEDULE

CLASSIFICATION OF GOODS

NAMES OF THE CLASSES

(parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes.)

1. Chemical products used in industry, science, photography, agriculture, horticulture; forestry; manures (natural and artificial); fire extinguishing compositions; tempering substances and chemical preparations for soldering; chemical substances for preserving foodstuffs; tanning substances; adhesive substances used in industry.

2. Paints, varnishes, lacquers; preservatives against rust and againstdeterioration ofwood;colouringmatters, dyestuffs; mordants; resins; metals in foil and powder form for painters and decorators.

Page 127

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3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentrifri<:es.

4. Industrial oils and greases (other than edible oils and fats and essential oils); lubricants; dust laying and absorbing compositions; fuels (including motor spirit) and illuminants; candles, tapers, night- lights and wicks.

5. Pharmaceutical, veterinary and sanitary substances; infants' and invalids' foods; plasters, material for bandaging; material for stopping teeth, dental wax; disinfectants; preparations for killing weeds and destroying vermin.

6. Unwrought and partly wrought common metals and their alloys; anchors, anvils, bells, rolled and cast building materials; rails and other metallic material for railway tracks; chains (except driving chains for vehicles); cables and wires (non-electric); locksmiths' work; metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails and screws; other goods in non-precious metal not included in other classes; ores.

7. Machines and machine tools; motors (except for vehicles); machine couplings and belting (except for vehicles); large size agri- cultural implements; incubators.

8. Handtools and instruments; cutlery, forks and spoons; side arms.

9. Scientific, nautical surveying and electrical apparatus and instru- ments (including wireless), photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; coin or counterfreed apparatus; talking machines; cashregisters; ca1culatingmachines; fire-extinguish- ing apparatus.

10. Surgical, medical, dental and veterinary instruments and apparatus (including artificial limbs, eyes and teeth).

11. Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

12. Vehicles; apparatus for locomotion by land, air or water.

13. Firearms; ammunition and projectiles; explosive substances; fire-works.

14. Precious metals and their alloys and goods in precious metals or coated therewith (except cutlery, forks and spoons); jewellery, precious stones; horological and other chronometric instruments.

15. Musical instruments (other than talking machines and wireless apparatus).

16. Paper and paper articles, cardboard and cardboard articles; printed matter, newspapers and periodicals, books; book-binding material; photographs; stationery, adhesive materials (stationery); artists' materials; paint brushes, typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; (printers') type and cliches (stereo- type).

17. Gutta percha, india rubber, balata and substitutes, articles made from these substances and not included in other classes; materials for packing, stopping or insulating; asbestos, mica and their products; hose pipes (non-metallic).

18. Leather and imitations ofleather, and articles made from these materials, and not included in other classes; skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

19. Building materials, natural and artificial stone, cement, lime; mortar, plaster and gravel; pipes of earthenware or cement; road- making materials; asphalt, pitch and bitumen; portable buildings; stone monuments; chimney pots.

20. Furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, celluloid, and substitutes for all these materials.

21. Small domestic utensils and containers (not of precious metal, nor coated therewith); combs and sponges; brushes (other than paint brushes); brush-making materials; instruments and material for cleaning purposes; steelwool; glassware, porcelain and earthenware not included in other classes.

22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks; padding and stuffing materials (hair, capac, feathers, seaweed, etc.); raw fibrous textile materials.

23. Yarns, threads.

24. Tissues (piece goods); bed and table covers· textile articles not included in other classes. '

25. Clothing, including boots, shoes and slippers.

26. Lace and embroidery, ribands and braid; buttons, press buttons, hooks and eyes, pins and needles; artificial flowers..

27. Carpets, rugs, mats and matting; linoleums and other materials for covering floors; wall hangings (non-textile).

28. Games and playthings; gymnastic and sporting articles (ex- cept clothing) ornaments and decorations for Christmas trees.

29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; eggs, milk: and other dairy products; edible oils and fats; preserves, pickles.

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30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour, and preparations made from cereals; bread, biscuits, cakes, pastry and confectionery, ices, honey, treacle, yeast, baking-powder; salt, mustard; pepper, vinegar, sauces; spices; ice.

31. Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vege- tables, seeds; live plants and flowers; food-stuffs for animals, malt.

32. Beer, ale and porter; mineral and aerated waters and other non-alcoholic drinks; syrups and other preparations for making beverages.

33. Wines, spirits and liqueurs.

34. Tobacco, raw or manufactured; smokers' articles; matches.