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]