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]