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IN exercise of the powers
conferred on the Minister
responsible for Justice by section
65 of the Trade Marks Act, 1965
(Act 270) these Regulations are
made this 17th day of March, 1997.
Regulation 1—L.I. 667 Amended.
The Trade Marks Regulations, 1970
(L.I. 667) as aniended are further
amended by the substitution for
the Second Schedule of the
following new Second Schedule—
"SECOND SCHEDULE
Description
Corresponding Forms Fee
payable by Foreign applicants; for
Local applicants the cedi
equivalent
$ U.S.
1. (a) Application to register a
trade mark for one or more
articles included in one
class. T.M.
2 100.00
(b) Application to register a
series of trade marks under
section 21(2) for specified goods
included in one class. T.M. 2
100.00
(c) Application to register a
defensive trade mark for a
specification of goods included in
one class. T.M.
30 80.00
(d) Application to register a
certification trade mark for a
specification of goods included in
one class (under section 36).
T.M. 4 100.00
2. Request to the Registrar to
state grounds of decision relating
to an application to register a
trade mark and materids used
(under section 18(6) regulation
9(2)). T.M. 3 80.00
3. (a) Notice of opposition before
the Registrar under section
18(2)—for each application opposed
by opponent. T.M. 5 85.00
(b) Lodging a counter statement in
answer to a notice of opposition
under section 18(4) for each
application opposed by the
applicant; or in answer to an
application under sections 26, 27,
32 or 33 by the proprietor in
respect of each trade mark; or in
answer to a notice of opposition
for each application or conversion
opposed, by the proprietor.
T.M. 6 40.00
(c) Hearing of each opposition
under section 18 by applicant and
by opponent respectively; or on
the hearing of an application
under sections 26, 27, 32 or 33,
by applicant wid proprietor
respectively; or on the hearing of
an opposition under section 41 by
proprietor and by opponent
respectively. T.M. 7
80.00
(d) Notice of opposition before
the Minister under paragraph 2(2)
of the First Schedule of the Act
and regulation 23(1) — for each
application opposed by the
opponent. T.M. 35
90.00
(e) Lodging a counter-statement in
answer to a notice of opposition
before the Minister under
paragraph 2(2) of the First
Schedule of the Act and regulation
23(1)—for each application opposed
by the applicant. T.M.
36 40.00
(f) Hearing of each opposition
before the Minister wider
paragraph 2(2) of the First
Schedule of the Act and regulation
23 by applicant and by opponent
respectively. T.M.
37 80.00
4. (a) Registration of a trade
mark (not otherwise charged) for a
specification of goods included in
one class. T.M. 8
100.00
(b) Registration of a series of
trade marks under section
21(2)—for a specification of goods
included in one class. T.M. 8
100.00
(c) and for every other mark of
the series. T.M. 8 35.00
(d) Registration under section 36
of a certification trade mark for
a specification of goods included
in one class. T.M. 8
100.00
(e) Registration upon application
made at the same time of one
certification trade mark under
section 36 for specification of
goods not all included in one
class in respect of every class.
T.M. 8 100.00
(f) Registration of a defensive
mark for specification of goods
included in one class. T.M. 8
110.00
5. (a) Each addition to the
registered entry of a trade mark
of a note that the mark is
associated with a newly registered
mark. T.M. 8 35.00
(b) Application under section
23(5) and regulation 26(2) to
dissolve the association between
registered trade marks.
T.M. 17 40.00
6. (a) Application to register a
registered user of a registered
trade mark in respect of goods
within the specification under
regulation 49. T.M. 48
110.00
(b) Application to register the
same registered user of more than
one registered trade mark of the
same registered proprietor in
respect of goods within the
respective specifications and
subject to the same conditions and
restrictions in each case—for the
first mark; T.M.
48 110.00
(c) and for every other mark of
the proprietor included in the
application and statement of case.
T.M. 48 35.00
(d) Application by the proprietor
or registered user of a single
trade mark under section 28(10)
(a) and regulation 51(1) to vary
the entries of a registered user.
T.M. 49
110.00
(e) Application by the proprietor
of more than one trade mark under
section 28(10) (a) and regulation
51(1) to vary the entries of a
registered user—for the first
mark; T.M. 49
110.00
(f) and for every other mark of
the proprietor for which the same
user is registered, included in
the application. T.M.
49 35.00
(g) Application by the proprietor
or registered user of a single
trade mark Linder section 28(10)
(b) and regulation 51(2) for
cancellation of the entry of a
registered user. T.M.
50 40.00
(h) Application by the proprietor
for registered user of more thin
one trade mark under section
28(10) (1)) and regulation 51(2)
for cancellation of the entries of
a registered user; for the first
mark. T.M.
50 40.00
(i)
and for every other mark of the
proprietor for which the same user
is registered, included in the
application. T.M.
50 35.00
(j) Application under section
28(10) (c) and regulation 51(3) to
cancel the entry of a registered
user of a single trade mark.
T.M. 51 40.00
(k) Application under section
28(10) (c) and regulation 51(3) to
cancel the entries of a registered
user of more than one trade mark
for the first mark. T.M.
51 40.00
(l) and for every other mark of
the same proprietor for which the
same user is registered, included
in the application. T.M.
51 35.00
(m) Notice under section 28(11)
and regulation 51(4) of intention
to intervene in one proceeding for
the variation or cancellation of
entries of a registered user of
trade marks. T.M. 52
40.00
7. (a) Request to enter in the
Register and advertise a
certificate of validity under
section 44 and regulation
45(1)—for the first registration
certified. T.M. 47
120.00
(b) and for every other
registration certified in the same
certificate. T.M.
47 60.00
8. Application under section 29(4)
and regulation 36(2) for extension
of time for registering a
corporation as subsequent
proprietor of trade marks on one
assignment—
(a) not exceeding two
months T.M. 12
40.00
(b) not exceeding four
months T.M. 12
60.00
(c) not exceeding six
months T.M. 12
110.00
9. (a) Application for certificate
of the Registrar under section
22(6) and regulation 39—for the
first mark proposed to be
assigned; T.M. 38
110.00
(b) and for every other mark of
the same proprietor or included in
that assignment. T.M.
38 35.00
10. (a) Application for approval
of the Registrar under section
22(8) or paragraph 2 of the Second
Schedule to the Act and regulation
39; for the first mark. T.M.
39 or 40 90.00
(b) and for every other mark of
the same proprietor included in
the same transfer. T.M. 39 or
40 35.00
(c) Application for directions by
tile Registrar for advertisement
of assignment of trade marks in
use without goodwill (sec. 22(9))
and regulation 40—for one mark
assigned; T.M.
41 90.00
(d) and for every other mark
assigned with the same devolution
of title. T.M.
41 35.00
(e) Application for extension of
time for applying for directions
for advertisement of assignment of
trade marks in use without
goodwill in respect of one
devolution of title (sec. 22(9))
under regulation 40(5)
(f) not exceeding one
month T.M. 42
40.00
(g) not exceeding two
months T.M. 42
60.00
(h) not exceeding three
months T.M. 42
110.00
(i)
Notice of opposing to application
for leave to add to or alter
registered trade marks for each
application opposed — section 35,
regulation 46(3) T.M.
45 90.00
11. Application to register a
subsequent proprietor in a case of
assignment or transmission of a
single trade
mark—
(a) if made within six months from
the date of acquisition of
proprietorship; T.M.
13/14 90.00
(b) if made after expiration of
six months but within twelve
months from the date of
acquisition of proprietorship;
T.M. 13/14
110.00
(c) if made after expiration of
twelve months. T.M.
13/14 120.00
(d) Application to register a
subsequent proprietor of more than
one trade mark standing in the
same name. The devolution of the
title being the same in each
case—
(e) if made within six months from
the date of acquisition of
proprietorship; for the first
mark; T.M.
13/14 90.00
(f) and for every other mark;
T.M. 13/14 35.00
(g) if made after expiration of
six months but within twelve
months from the date of
acquisition of proprietorship—for
the first mark. T.M. 13/14
110.00
(h) and for every other
mark. T.M. 13/14
35.00
(i)
if made after expiration of twelve
months from the date of
acquisition of proprietorship—for
the first mark. T.M.
13/14 110.00
(j) and for every other mark. T.M.
13/14 35.00
12. (a) Application to change the
name or description of a
proprietor or a registered user of
a single trade mark where there
has been no change in the identity
of the user. T.M.
19 40.00
(b) Application to change the name
or description of a proprietor or
a registered 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; T.M.
19 40.00
(c) and for every other
mark. T.M. 19
35.00
13. (a) Renewal of registration of
a trade mark at the expiration of
last registration. T.M. 9
220.00
(b) Renewal of registration of a
seires of trade marks under
section 21(3) at the expiration of
last registration—for the first
mark of the series; T.M.
9 220.00
(c) and for every other mark of
the series. T.M. 9
220.00
(d) for renewal of registration of
the same certification trade mark
with the same date for goods in
more than one class; T.M. 9
220.00
(e) for every class; T.M. 9
220.00
(f) additional fee under
regulation 30(3); T.M.
10 110.00
(g) restoration fee under
regulation 31. T.M.
11 80.00
14. (a) Application to the
Registrar for leave to add to or
alter a single registered trade
mark under section 35 and
regulation 46. T.M.
23 80.00
(b) Application to the Registrar
for leave to add to or alter more
than one registered trade mark of
the same proprietor, being
identical marks the addition or
alteration to be made, in each
case, being the same— the first
mark: T.M. 23
80.00
(c) and for every other mark
(section 35 regulation
46(1)). T.M. 23
40.00
(d) Notice of opposition to
application for leave to add to or
alter more than one registered
trade marks, for each application
opposed (section 35 regulation
46(3)). T.M.
45 40.00
15. (a) Alteration of one or more
entries of the trade or business
address of a registered proprietor
of registered user of a trade mark
where the address in each case is
the same and is altered in the
same way; for the first entry;
T.M. 16 40.00
(b) and for every other entry.
T.M. 16
35.00
16. Every entry in the Register
of a rectification or an
Alteration not otherwise charged
under regulation 63(2)
T.M. 46 40.00
17. Cancellation of the entry or
part of the entry of a trade mark
upon the register on the
application of the registered
proprietor of the trade mark
(section 34(1) and regulation
44(1)). T.M. 20/21 35.00
18. (a) Application under sections
26, 27, 32 or 33 and regulation
42(1) for rectification of the
Register or removal of trade mark
from the Register. T.M.
24 80.00
(b) Application for leave to
intervene in proceedings under
sections 26, 27, 32 or 33 for
rectification of the Register or
removal of trade mark from the
register. T.M. 25
80.00
19. Request (not otherwise
charged) for correction of
clerical error or for permission
to amend application.
T.M. 18 35.00
20. Request, by registered
proprietor of a trade mark for
entry of disclaimer or memorandum
in the Register under section
34(f) (e) and regulation
44(1). T.M. 22
35.00
21. (a) Application to the
Minister under regulation 47 to
expunge or vary the registration
of a certification trade mark or
to vary the deposited regulations
of a certification trade mark or
of certification trade marks of
the same registered proprietor
where the regulations are
substantially the same. T.M.
34 90.00
(b) Request to the Minister by the
registered proprietor of a
certification trade mark to permit
alteration of the deposited
regulation under regulations for
the regulation of one such
registration; T.M.
33 40.00
(c) for the same or substantially
the same regulation of each other
registration proposed to be
altered in the same way and
included in the same
request. T.M. 33
35.00
22. (a) Application by registered
proprietor under regulation 64 for
conversion of specification.
T.M. 43 35.00
(b) Notice of opposition to a
conversion of specification/s of
registered trade mark/s for one
mark. T.M. 44 90.00
(c) Every other mark of the same
proprietor having the same
specification. T.M.
44 35.00
23. Appeal from the Registrar to
the Minister in respect of each
decision appealed against, by
appellant (regulation 62).
T.M. 28 90.00
24. (a) A search under regulation
61 in respect of one class—without
request for Registrar's
preliminary advice as to
distinctiveness. T.M.
26 35.00
(b) With request for Registrar's
advice as to distinctiveness.
T.M. 26 40.00
(c) Request for Registrar's
preliminary advice under section
39 regulation 61(3). T.M.
27 40.00
25. (a) Certificate of the
Registrar (other than certificate
under section 19(2) of the
registration of a trade mark. T.M.
29 40.00
(b) Certificate of the Registrar
(other than certificate under
section 19(2) of the registration
of a series of trade marks under
section 21(3) and regulation 58.
T.M. 29 40.00
26. (a) Cancellation 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 under regulation
41(2), on application made after
the registration in each case—for
the first entry; T.M. 31
35.00
(b) and for every other entry
included in the application. T.M.
31 10.00
(c) Alteration of one or more
entries of an address for service
in the Register included in one
application for alteration, where
the address and the alteration in
each case are the same—for the
first entry. T.M.
31 35.00
(d) and for every other
entry. T.M.
31 10.00
27. Inspection of Register or
notice of opposition,
counter-statement or decision in
connection with any opposition or
application for rectification of
the Register relating to any
particular trade mark for every
quarter of an
hour. 20.00
28. Office copy of documents for
every 100
words. 35.00
29. Photographic copy of
document.
cost according to
agreement
30. Certified office copies,
photogrphic or printed
matter.
35.00"
Section 2—Revocation.
The Trade Marks (Amendment)
Regulations, 1980 (L.I. 1244) and
the Trade Marks (Amendment)
Regulations, 1988 (L.I. 1368) are
hereby revoked.
DR. OBED Y. ASAMOAH
Ag. Attorney-General and Minister
Responsible for Justice.
Date of Gazette Notification: 23rd
May, 1997. |
