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The Trade Marks (Amendment) Regulations, 1990

431

GOVERNMENT OF ZAMBIA

STATUTORY INSTRUMENT No. 148 OF 1990

The Trade Marks Act (Laws, Volume XIV, Cap. 693)

The Trade Marks (Amendment) Regulations, 1990

IN EXERCISE of the powers contained in section eighty-one of the Trade Marks Act, the following Regulations are hereby made:

1. (1) These Regulations may be cited as the Trade Marks (Amendment) Regulations, 1990, and shall be read as one with the Trade Marks Regulations in these Regulations referred to as the principal Regulations.

(2) These Regulations shall only apply to business conducted after the publication of these Regulations.

2. The principal Regulations are amended by the deletion of the First Schedule and the substitution therefor of the Schedule contained in the Appendix to these Regulations.

APPENDIX

(Regulation 2)

riR~ -sc:FJ""F,mrr;E ~ion~

r.r~~ FEEs PAYAlILE TO THE REGISTRAR OF ~

Amouni Ooi-ruPo'nding
Item Matter or Proceeding K Form
1. (a) On application not otherwise charged
to register a trade mark for a specifl
cation of goods included in one class. • 1,824 2
(b) On application to register a series of
trade marks under subsection (2) of
section 26 for a specification of goods
included in one class ., 1,824 2
(0) On application to register a defensive
trade mark for a specification of goods
included in one class •. 1,824 33
(d) On application under section 42 to
register a certification trade mark for a
specification of goods included in class one 1,824 6

Title and applications

Cap. 693,

p.61

Amendment of principal Regulation

Oopiee oj thia Statutory Instrument can be. obtained from the Government Printer,

P.O. Bo:r; 30136, 10100, Lusaka. Price K4.00 each.

Item Matter or Proceeding

(e) 'On application made at the same time un~er section 42 to register one certificanon trade mark for specifications of goods not at all included in one class in respect of every class ., . . . . Total fee in no case to exceed K21,840

(US $1,040) for any number of classes

  1. On a request to the Registrar to state grounds of decision relating to an application to register a trade mark and materials used
    1. (a) On notice of opposition before the Registrar under section 23, for each application opposed by opponent
      1. On lodging a counter-statement in answer to a notice of opposition under section 23, for each application opposed, by the applicant; or in answer to an application under any of the sections, 31, 32, 37 and 38, by the proprietor in respect of each trade mark; or in answer to a notice of opposition under section 40 or 41, for each application or conversion opposed, by the proprietor
      2. On the hearing of each opposition under section 23, by the applicant and by the opponent respectively; or on the hearing of an application under any of the sections 31, 32, 37 and 38, by the applicant and by the proprietor respectively; or on the hearing of an opposition under section 40 or 41 by the proprietor and by the opponent respectively

(Il) On notice of opposition before the Registrar under paragraph 2 of the Schedule to the Act, for each application opposed, by the opponent

(e)
On lodging a counter·statement in answer to a notice of opposition before the Registrar under paragraph 2 of the Schedule to the Act, for each spplicetion opposed, by the applicant
(J)
On the hearing of each opposition before the Registrar under paragraph 2 of the Schedule to the Act, by the applicant and by the opponent, respec

tively

4. (a) For one registration ofa trade mark not

otherwise charged for a specification of goods included in one class

(b) For oneregistrationofa seriesoftrade marks under subsection (2) of section 26 of a specification of goods included

in one class-For the first mark And for every other mark of the series.

Amount

K

1,824

2,528

896

544

896

896

544

544

2,528

2,528 64

Oorruponding

Form

5

4

6

7

8

37

38

39 10

10 10

Item M after or"Proceeding

(c)
For registration under section 42 of a certification trade mark for a specification of goods included in one class
(d)
For registration upon applications made at the same time of one certifi. cation trade mark under section 42. for specifications of goods not all included in one class-

In respect of every class Total fee in no case to exceed Kl,OOO for any number of classes.

(e) For one registration of a defensive trade mark for 8 specification of goods included in one class

5. (a) Upon each addition to the registered entry of a trade mark of a note that the mark is associated with a newly registered mark

(b) On an application to dissolve the association between registered trade marks

6. (a) On application to register a registered user of a registered trade mark in respect of goods within the specification thereof ..

(b) On 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 thereof and subject to the same conditions and restrictions in each case-

For the first mark

And for every other mark of the proprietorincluded in the application and statement of case

(c)
On application by the proprietor of a single trade mark, under paragraph (a) of subsection (8) of section 33, to vary the entry of a registered user thereof . .
(d)
On application by the proprietor of more than one trade mark, under paragraph (a) of subsection (8) ofsection 33, to vary the entries of a registered user thereof-

For the first mark

And for every other mark of the proprietor for which the same user is registered, included in the application

(e) On application by the proprietor or registered user of a single trade mark, under paragraph (b) of subsection (8) of section 33, for cancellation of the entry of [L registered user thereof

Amount

K

2,528

2,528

2,528

64

48

1,440

1,440 128

1,024

1,440 64

1,024

Oorreaponding

Fonn

10

10

10

10

20

50

50 50

51

51 51

52

Item Matter or Proceeding

(f) On application by the proprietor or registered user of more than one trade mark, under paragraph (b) of sub. section (8) ofsection 33, for cancellation of the entries of a registered user thereof-

For the first mark

And for every other mark of the pro. prietor for which the same user is registered, included in the application

(g)
On application under paragraph (c) of subsection (8) of section 33, to cancel the entry of a registered user of a single trade mark
(h)
On application, under paragraph (c) of subsection (8) of section 33, to cancel the entries of a registered user of more than one trade mark-

For the first mark

And for every other mark of the same proprietor for which the same user is registered included in the application

(i) On notice, under subsection (9) of section 33 and regulation 101, of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of trade marks

7. (a) On request to enter in the register and advertise a certificate of validity, under section 58 and regulation 88

For the first registration certified

And for every other registration certified in the same certificate ..

(b) On application under subsection (3) of section 34 and regulation 76, for extension of time for registering corporation as subsequent proprietor of trade marks on one assignment-

Not exceeding two months

Not exceeding four months

Not exceeding six months

8. (a) On application for certificate of the Registrar, under subsection (6) of section 27 and regulation 79

For the first mark proposed to be

assigned And for every other mark of the same proprietorincluded inthat assignment

(b) On application for approval of the Registrar, "under subsection (6) of section 27 and regulation 79

For the first mark

And for every other mark of the same proprietor included in the same transfer

Amounl

K

1,024

64

1,024

1,024

64

800

64

16

352 544 672

544

64

544

64

Correaponding

Form

52

64

53

53 53

54

49

15 15 15

40 40

41 41

Item Matt~r or Proceeding

(c) On application for directions by the Registrar for advertisement of assignment of trade marks in use, without goodwill-

For one mark assigned And for every other mark assigned with the same devolution of title

(dl On 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-

Not exceeding one month Not exceeding two months Not exceeding three months

9. (a) On application to register a subsequent proprietor in a case of assignment or transmission ofa single trade markIf made within six months from the

date ofacquisition of proprietorship

If made after the expiration of six months but within twelve months from the date of acquisition of proprietorship

If made after the expiration of twelve months from the date of acquisition ofproprietorship or 1st April, 1958

(b) 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 proprietorship or 1st April, 1958

For the first mark

And for every other mark

If made after the expiration of six months but within twelve from the date of acquisitionof proprietorship-

For the first mark

And for every other mark

10. (a) On 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 proprietorship or in the identity of the

user

(b) On 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 And for every other mark

Amount

K

544

64

544

672

800

544

672

800

544

64

672

64

544 64

Corresponding Form

42

43

43

43

16or 17

16or 17

16or 17

16 or 17

16or 17

22

22

Item Mauer or Proceeding

11. (a) For renewal of registration of a trade I?ark at the expiration of last registrataon .0

(b) For renewal of registration of a series of trade marks under subsection (2) of section 26 at the expiration of last registration-

For the first mark of the series

00

And for every other mark of the series

(c)
For renewal of registration of the same certification trade mark with the same date for goods in more than one class .. In respect of every class .. Total fee in no case to exceed 1,460 for
any number of classes.
(d)
Additional fee under regulation 67
(e)
Restoration fee under regulation 68

12. (a) On application to the Registrar for leave to add to, or alter, a single registered mark

(b)
On application to the Registrar for leave to add to, or alter, more than one registered trade mark of the same proprietor, being indentical marks, the addition or alteration to be made, in each case, being the same-
For the first mark And for every other mark
(c)
On notice of opposition to application for leave to add to, or alter, registered trade marks, for each application opposed ..
    1. For altering one or more entries of the trade or business address or address for service of a registered proprietor or a registered user of a trade mark where the address in each case is the same and is altered in the the same way (unless exempted from free under regulation 81)
    2. For the first entry And for every other entry
    1. For every entry in the regis~er of a :r:ectifi.
    2. cation thereof or an alteratIOn therein, not otherwise charged
  1. For cancelling the entry of a. tra.de mark upon the register on the application ofthe registered proprietor of the trade mark
  2. (a) On application under any of tohe sections 31, 32, 37 and 38, for reetiflcation of the register or removal of trade mark from the register ., ..

(b) On application for leave to intervenoe in proceedings under any of the sections 31,32,37 and 38, for rectification of the register or removal of a trade mark

from the register

Amount

K

4,736

4,736 64

4,736 2,000

80 176

176

192

208

176 64 544 16

64

Oorr68pondirag

Form

12

12

12

13 14

26

26

47

19

48 23

27

21

Item Matter.or Proceeding

17. (a) On application for correction of one clerical error or affecting one amendment in one document before registration of any matter

(b)
On application for correction of clerical errors after registration of any matter in respect of each trade mark ..
(e)
On application for amendment of trade before advertisement, in respect of each application
  1. On request by registered proprietor of a trade mark for entry of disclaimer or memorandum in the register
  2. (a) On application to the Registrar under regulation 93 to expunge or vary the registration of a certification trade mark or to vary the deposited regula. tions or a certification trade mark Or certification trade marks of the same registered proprietor where the regula. tions are substantially the same

(b) On request to the Registrar by the registered proprietor of a certification trade mark to permit alteration of the deposited regulations thereof-For the regulation of one such registra

tion

For the same or substantially the same regulations ofeach other registration proposed to be altered in the same way and included in the request ..

20. (a) On application by registered proprietor under regulation 6, for conversion of specification

(b) On notice of opposition to a conversion of the specification or specifioations of a registered trade mark or registered trade marks-For one mark .. For every other mark of the same pro

prietor having the same speoification

  1. Notice to Registrar that notice of appeal has been filed with the Registrar of the Tribunal
    1. For each search under regulation 113 in respect of one clas&Without application for Registrar's advise under regulation 20 ..
    2. With application for Registrar's advice under regulation 20 ..
  2. On request for the Registrar's preliminary advice under regulation 20, for each trade mark submitted in respect of one class
  3. For certificate of the Registrar (other than certificate under subsection (2) of section

(24) relating to the registration of a trade mark

A17lO'Unt

K

544

672

672

352

288

288

64

32

208 16

208

288
288

64

64

Oorresporuiinq

Form

21

21

21

25

36

35

45

46

3

29 29

30

32

lIe'll) Mauer or Proceeding Amount K Oorr68ponding Form No.
25. For certificate of the Registrar (other than certificate under subsection (2) of section (24) relating to the registration of a series of trade marks under subsection (2) of section 26 .. 64 32
26. (a) For permission to search in documents-For each file searched .. files and 32
(b) For permission volume " to search register per 64
27. For permission to search amongst the classified representations or scrap books of trade marks per volume 32
28. For typewritten copy of any document, for every 100 word, .. 4
29. For photographic copy of documents drawings, per sheet or 4
30. For certifying office copies, MSS, or photographic or printed matters-Under seal Other 32 8
31. On every authorisation ofan agent 480

For the purpose of these fees (except as specially provided above) every mark of a series under section 26, or any preceeding similar enactment, shall be deemed to be a mark separately registered.

R. M. CHaNGO,

LUSAKA Minister of Commerce and Industry 22nd October, 1990 [PT:M:D.104/1/3/3]