Trade Marks Regulations – Section 200 (Statutory Instruments 17/2003 and 146/2020)
Statutory Instrument 17/2003 .. in force 1 April 2003
Amended by S.I. 146/2020 .. in force 21 September 2020
ARRANGEMENT OF REGULATIONS
PART 1
PRELIMINARY
1. | Citation |
2. | Commencement |
3. | Interpretation |
PART 2
TRADE MARKS AND TRADE MARK RIGHTS
4. | Classification of goods and services |
5. | Period in which action for infringement may be brought |
PART 3
APPLICATION FOR REGISTRATION
6. | Applications: approved form |
7. | Applications: requirements for filing |
8. | Representation of trade marks |
9. | Specification of goods or services or both |
10. | Period for claiming priority for an application |
11. | How to claim priority |
12. | Publication of particulars of application |
13. | Examination of application: report to applicant |
14. | Examination: applicant's response to report |
15. | Examination: further report to applicant |
16. | Examination: additional requirements |
17. | Periods after which applications lapse |
18. | Deferment of acceptance |
19. | Period for which acceptance is deferred |
20. | Trade marks containing etc. certain signs |
21. | Divisional applications |
22. | Applications under Part 4 |
23. | Request for expedited examination of application |
24. | Expedited examinations |
PART 4
OPPOSITION TO REGISTRATION
25. | Time for filing notice of opposition |
26. | Extension of time for filing; grounds |
27. | Extension of time for filing: applications |
28. | Extension of time for filing: grant of extension |
29. | Copy of earlier application to be available to opponent |
30. | Opposition proceedings |
31. | Evidence in support |
32. | Notice that opponent will not rely on evidence in support |
33. | Failure to file |
34. | Evidence in answer |
35. | Period for service of a copy of the evidence in answer |
36. | Notice that applicant will not rely on evidence in answer |
37. | Failure to file |
38. | Evidence in reply to evidence in answer |
39. | Notice that opponents will not rely on evidence in reply to evidence in answer and failure to file |
40. | Hearing of opposition |
41. | Extension of period to serve evidence and service of further evidence |
42. | Conduct of opposition proceedings generally |
43. | Registrar to give notice of dismissal of proceedings |
PART 5
AMENDMENT OF APPLICATION FOR REGISTRATION OF A TRADE MARK AND OTHER DOCUMENTS
44. | Amendment of applications by Registrar |
45. | Request to amend before publication of details |
46. | Filing of declarations |
47. | Notification of amendments |
PART 6
REGISTRATION OF TRADE MARKS
48. | Period in which a trade mark can be registered |
49. | Particulars to be entered in the Register |
50. | Period for request for renewal |
51. | Notice of renewal due: when and how given |
52. | Notice of renewal |
PART 7
AMENDMENT AND CANCELLATION OF REGISTRATION
53. | Notice of cancellation |
54. | Amendment or cancellation-matters for the court |
PART 8
REMOVAL OF TRADE MARK FROM REGISTER FOR NON-USE
55. | Applications for removal etc |
56. | Notification of applications |
57. | Notice of opposition to removal |
58. | Opposition proceedings before the Registrar |
PART 9
ASSIGNMENT AND TRANSMISSION OF TRADE MARKS
59. | Applications for assignment etc. to be recorded or entered |
60. | Recording of assignment etc,: trade marks not registered |
61. | Particulars of recorded assignment or transmission to be published |
62. | Recording of assignment etc. of registered trade marks |
63. | Notice to persons recorded as claiming right or interest in trade marks |
PART 10
VOLUNTARY RECORDING OF CLAIMS TO INTERESTS IN AND RIGHTS IN RESPECT OF TRADE MARKS
64. | Amendment of particulars: claimed interests or rights |
65. | Amendment of name, address and address for service: claims not in the Register |
66. | Cancellation of particulars; claimed interests or rights |
PART 11
IMPORTATION OF GOODS INFRINGING SAINT LUCIAN TRADE MARKS
67. | Notice of objection to importation: accompanying documents |
68. | Notice of objection to importation: authorised users |
69. | Period for compliance with Comptroller's request for information etc. |
PART 12
CERTIFICATION TRADE MARKS
70. | Copy of rules to be filed |
71. | Applications to vary rules |
72. | Assignment of registered certification trade marks |
PART 13
DEFENSIVE TRADE MARKS
73. | Evidence in support of applications |
PART 14
ADMINISTRATION
74. | (Revoked by S.I. 146/2020) |
75. | Delegates of the Registrar |
PART 15
MISCELLANEOUS
Division 1
Applications and other documents
76. | Compliance with instructions on approved forms |
77. | Filing of documents: requirements as to form |
78. | Filing of documents: common requirements |
79. | Filing of documents: treatment of non-complying documents |
80. | Filing of documents: date of receipt to be marked |
81. | Declarations |
82. | Declarations: additional material |
83. | Notification of service |
84. | Notice of withdrawal of applications etc. |
85. | Withdrawal of application etc.: Registrar's notice to applicants |
86. | Change of address for service: notice to interested persons |
Division 2
Proceedings before the Registrar
87. | Applications for costs |
88. | Determination of costs |
89. | Conduct of proceedings generally |
90. | Hearings by Registrar |
91. | Registrar not required to hold hearings |
92. | Evidence in proceedings |
93. | Documents not in English |
94. | Registrar may use information available |
95. | Statements of reason for decision |
Division 3
General
96. | What fees are payable |
97. | How fees are to be paid |
98. | Notice of non-payment of fee |
99. | Refunds etc, of fees |
100. | Extension of time: application |
101. | Extension of time: notice of opposition |
102. | Extension of time: opposition proceedings |
103. | Extension of time-prescribed acts and documents |
104. | Incapacity of certain persons |
105. | Destruction of documents |
106. | Direction not otherwise prescribed |
107. | Requirements cannot be complied with for reasonable cause |
108. | Forms generally |
109. | Form of documents |
110. | General |
PART 16
TRANSITIONAL PROVISIONS
111. | Application of the Act |
112. | Certain extensions of time continue |
Schedule 1 | |
Schedule 2 | |
Schedule 3 | |
Schedule 4 | |
Schedule 6 | |
Commencement [1 April 2003]