The Trade Marks Rules, Legal Notice no. 127 of 2001

SECOND SCHEDULE FORVS THIRDSCHEDULE CLASSIFICATION OF GOODS FOC'RTHSCHEDULE OF GOODSAND SERVICES CLASSIFICATION [The ;neluaon of this page is aathor~zedhy L.N. 211120031 THE TRADE MARKS ACT Rr ,I .F.S (under section 78) I'reliminan~ 1. These Rules may bc cited as thc Tradc Marks Rules. 2001. c . ~ I ~ ~ ~ o ~ 2.--( 1) In these Rules unless the contest otherwise quires- IntcrprUnbm "appointed day" mcans the 24th day of August. 2001. "Convcntion Country" mcans a country other than Jamaica which is a party to thc Paris Convention for the Protection of Industrial Property. March 20. 1883 as reviscd or amended from time to '. time: "former Act" mcans the Tradc Marks Act in force immcdiatelg bcforc the 3rd day of September, 2001: "thc mcc" means the Ofice of thc Registrar of Companies: "thc old law" mcans thc former Act and any othcr cnactmcnt or rule of law applying. iinmcdiatcly bcforc the appointed day. to tradc marks registcrcd undcr the former Act: "proprietor" mcans the person rcgistered as the proprietor of a trade mark; "specification" means the designation of goods or scrviccs in r e s p a of which a trade inark. or a liccnsec of a tradc mark. is registered or proposed to bc registcrcd. (2) In hesc Rules refcrcnces to the filing of any application notice or other documenl shall be construed as rcfcrences lo their being sent or delivered to the Regisbar at thc Officc. 3.--( 1) The fces to be paid in respect of applications, registrations or F- orher mattcrs under lhesc Rulcs shall be those specified, in relation to such Fml maller. in the First Schedule. SEhohJs (2) Any form required to be filed with the Registrar in respect of any specified matter shall be subject to the payment of the fee (if any) specified, in respect of that matter, in the First Schedule. 8 THE ~ R ~ D E RL.&S. ,7001 .c~;~RK$ Forms 4. The forms referred to in these Rules are those contained in the Second Secon i sChcddc Schedule and shall be used in all cases to which they are applicable and ma? be modified as dnected by the Registrar to meet other cases. Registration ;\pph.aU@rI 5 . 4 1 ) An application for the registration of a trade mark shall be filed fm reeutmllmo~ on Form TM1 and fees therefor paid in the manner specified in the First mdc mad Fmt Schedule. Scholulc. (2) Where an application relates to a trade mark which- ( a ) is three dimensional. the application shall contain a description of the mark in graphic form or ( b ) has colour. the application shall contain a description of the colour and a specimen thereof shall be submitted with the application. (3) An application to register a word as a trade mark shall be treated as an application to register that word without regard to its graphic form shoun in the application unless the applicant includes a statement that the application is for registration of the word in the graphic form. CImlni to 6.-(1) Where. pursuant to section 19 of the Act. a right to priority is pn( =w claimed by reason of an application for protection of a trade mark duly filed in a Convention country. particulars of that claim shall be included in the application for registration under rule 5 . (2) There shall be filed with the application a cerdficate by the registering or other competent authority of a Convention country certifying, or verifying to the satisfaction of the Registrar- (0) the date of the filing of the application in that covtry; ( 6 ) the registering or competent authority; (c) the reptesentation of the mark,and (d) the goods or services covered by the application (3) Where a certificate is not filed pursuant to paragraph (2) the applicant shall file the certificate within three months of filing the application. (4) Where an applicant fails to file a certificate ~ U I S U B I ~ to~ paragraph (3), the claim to priority shall not be considered. t ~ ~ o 7.-41) For the purposes of trade mark registration in respect of goods f 1poa-J- 'M dated before the la day of December, 1958, goods are in Bddlb. accordance with the Third Schedule ex- w h a specificstion brr ~oucb ~cbrhl been convened to the Fourth Schedule, whetha uader the old law or lmda [The includm of this pp is authorid by L.N. 28/2003] THE TRADEMARKSRULES 2001 rule 35. (2) For the purposes of- (a) trade mark registrations in respect of goods dated on or after the 1st day of December, 1958; (b) any registrations dated before that date in respect of which the specifications were converted under the old law; and (c) trade mark registrations in respect of services, goods and services are classified in accordance with the Fourth Schedule, ~ d*. which sets out the current version of the classes of the International Classification of Goods and Services. 8.-(1) An application may be made for registration in more than one w b h b spdqrb class specified in the Fourth Schedule. aclPuata whichmds (2) Every application shall spec@ the class or cbsses in the Fourth Schedule to which it relates and the specification shall- (a) set out the class or classes in consecutive numerical order; and (b) list undd each class the specific goods or services appropriate to that class for which protection is sought. (3) If the specfication lists goods or services by reference to a class in the Fourth Schedule in which they do not fall, the applicant may request, by filing Form TM2, that his application be amended to include the appropriate class for those goods and services, and upon the payment of the -- appropriate class fee specified in the First Schedule the Registrar shall amend m SchcduL. his application accordingly. 9 . 4 1 ) For the purposes of any proceedings before the Registrar under h these Rules or any appeal from a decision of the Registrar under the Act or these Rules, an address for service in Jamaica shall, subject to the provisions of this rule, be filed on Form TM3 by- (a) every applicant for the registration of a trade mark; (b) every person opposing an application for registration of a trade mark; (c) every applicant applying to the Registrar- (i) under section 44 of the Act for the revocation of the registration of a trade mark; (ii) under &on 46 of the Act for the invalidation of the registration of a trade mark, or [The inclusion of this page is authorized by L.N. 28/2003] THE TRADE MARKS RULES, 2001 (iii) under section 62 of the Act for the correction of an error or omission in the register; (d) every person granted leave to intervene under rule 26 (5) (the intervener); and (e) every proprietor of a registered trade mark which is the subject of an application referred to in sub-paragraph (c). (2) The address for service of an applicant for registration of a trade mark shall, upon registration of the mark, be deemed to be the address for service of the registered proprietor, subject to any filing to the contrary under paragraph (1) or rule 33(2). (3) Where an applicant is required to file an address for service and such requirement is made pursuant to the directions of a form required by the Registrar pursuant to section 54 of the Act, the applicant shall file the address on that form. (4) Anythmg sent to any applicant, opponent, intervener or registered proprietor at his address for service shall be deemed to be properly sent. (5) The Regisuar may, where no address for service is filed, treat as the address for service of the person concemed, his trade or business address in Jamaica, if any. (6) An address for service in Jamaica may be filed at any time by the proprietor of a registered trade mark and by any person having an interest in or charge on a registered trade mark. (7) Where an address for service is not filed as required by paragraph (1) and there is no trade or business address in Jamaica, the Registrar shall send the person concemed notice to file an address for service within two months of the date of the notice and if that person fails to do so- (a) in the case of an applicant referred to in paragraph (1) (a) or (c), the application shall be treated as abandoned; (b) in the case of a person referred to in paragraph (1) (b) or (4, he shall be deemed to have withdrawn from the proceedings; and (c) in the case of the proprietor referred to in paragraph (1) (e), he shall not be permitted to take part in any proceedings. Del iciencies in spplication. 10.-31) Where an application for registration of a trade mark does not satisfy the requirements of section 16(2) or (3) of the Act or rule 5 or 8, the Registrar shall send notice thereof to the applicant to remedy the deficiencies or where the deficiency relates to the non-payment of fees, to make the payment. [The iaclosion of this page is authorized by L.N. 28120031 THE TRADE MARKS RULES, 2201 (2) If, within two months of the date of the notice, the applicant- (a) fails to remedy any deficiency notified to h m in respect of section 16(2); or (b) fails to remedy any deficiency notified to him in respect of rule 5 or 8(2) or fails to make the required payment. the application shall be treated as abandoned Publication, observations, opposition and registration 11. An application which has been accepted for registration shall be gi:ig$ published registration. Opp~l~on 1 2 . 4 1 ) Any person may, without two months from the date of any publication of an application for registration of a trade mark, give tc+ (a) the Registrar notice of opposition to the registration in Form TM4; and (b) the applicant a duplicate of the notice. (2) The duplicate of the notice sent to the applicant shall contain- (a) a statement of the grounds of opposition; and (b) if registration is opposed on the ground that the mark resembles marks already on the register, the numbers of those trade marks and their date of publication. (3) Within two months fiom the date of receipt of the duplicate referred to in paragraphs (1) and (2) the applicant shall file in duplicate a counter-statement on Form TM5 setting out- (a) the grounds on which he relies in support of his application; and (b) the facts, if any, alledged in the notice of apposition that are admitted by him, and shall send a duplicate of the counter-statement to the opponent. (4) If the applicant fails to file a counter-statement in accordance with paragraph (3), his application for registration of the trade mark shall be deemed to be withdrawn. (5) Upon receipt of the duplicate of the counter-statement the opponent shall, within two months fiom the date of receipt of the duplicate (a) file such evidence by way of statutory declaration or affidavit as he may desire to adduce in support of his opposition; or [The inclusion of this page 1s authorized by L.N. 28/2003] THE TRADE 1RKSRULES, 2201 (6) n o t e the Registrar that he does not wish to file any evidence, and shall send copies thereof to the applicant. (6) If an opponent- (a) files no evidence, he shall, unless the Registrar otherwise directs, be deemed to have abandoned his opposition; (b) files evidence, then, within two months of the receipt of the copies of declarations or affidavits, as the case may be, the applicant shall submit to the Registrar, such evidence by way of statutory declaration or affidavit as he desires to adduce in support of his application and shall send copies thereof to the opponent. (7) Within two months of the receipt of the copies of the applicant's declarations the opponent- (a) may submit to the Registrar, in the form of a statutory declaration or &davit, evidence which shall be strictly in reply to the applicant's evidence; and (6) shall send copies thereof to the applicant. (8) No further evidence shall be submitted by either party but, in any proceedings before the Registrar, he may at any time if he thinks fit, give leave to either the applicant or the opponent to submit any evidence upon such terms as to costs or otherwise as he may think fit. (9) Where there are exhibits to declarations filed in an opposition-- (a) copies or impressions of those exhibits shall be sent to the other party on his request and at his expense; or (6) if such copies or impressions cannot conveniently be furnished, the o r i g ~ ~ I s be submitted to the Registrar in order that they shall may be open to inspection, and the original exhibits shall be produced at the hearing unless the Registrar otherwise directs. (10) Upon completion of the evidence the Registrar shall give notice to the parties of a date when he will hear the arguments in the case, being a date at least fourteen days after the date of the notice, unless the parties consent to a shorter notice. (1 1) Within seven days from receipt of the notice referred to in paragraph (lo), any party who intends to appear shall so not@ the Registrar in writing. (12) A party who does not comply with paragraph (11) may be m e inclusion of this page is authorized by L.N. 28/2003] THE TRADE MARKSRULES, 2201 13 treated as not desiring to be heard and the Registrar may act accordingly. (13) Where in opposition proceedings any extension of time is granted to any party, the Registrar may thereafter, if he thinks fit without giving that party a hearin& grant any reasonable extension of time to any other party in which to take any subsequent step. (14) Where a party giving notice of opposition under paragraph (1) or an applicant senchg a counter-statement under paragraph (3) neither resides nor carries on business in Jamaica, the Registrar may- (a) require him to give security, in such form as the Regism may deem sufficient, for the costs of the proceedings before the Registrar, for such amount as the Registrar may deem fit; and ( 6 ) at any stage in the proceedmgs, require further security to be given at any time before giving his decision in the case. (15) In the event of an applicant failing to file a counter-statement in accordance with paragraph (3), the Registrar, in deciding whether costs should be awarded to the opponent, shall consider whether proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was lodged. (16) Within two months from the date of any publication of an application for the registration of a c e ~ c a t i o nor collective trade mark, any person may give notice to the Registrar on Form TM4 opposing the registration of such trade mark,and paragraphs (1) to (15) shall apply to the proceedings thereon. Amendment of application 13. A request pursuant to section 23 (2) of the Act for an amendment of ~ m d m - t an application to correct an error or to change the name or address of the 0faw'"8tim. applicant shall be made on Form TM6, as the case may require. Amendment 14.-41) Where a request is made for amendment of an application ofapphmtion which has been published and the amendment affects the representation of the trade mark or the goods or services covered by the application, the z,,,,, amended application shall also be published. (2) Notice of opposition to the amendment shall be filed on Form TM4 within one month of the date of publication of the application as amended, and shall include a statement of the grounds of objection and, in particular, how the amendments would be contrary to section 23 of the Act. (3) The provisions of rule 12 shall apply to proceedings relating to the opposition to the amendment of the application as they apply to proaxdings relating to opposition to the registration of a trade mark [The inclusion of this page is authorized by L.N. 2812003) 14 THE T M E MARKS RULES, 2221 Division, merger and seriesof marh llvisii In of applictbion. 15.-41) At any time before registration of a trade mark, an applicant may send to the Registrar a request on Form TM7 for a division of his application for registration (the original application) into two or more separate applications (hereinafter referred to as "divisional applications"), indicating for each division the specification of goods or services which should not relate to goods or services of the same description as those contained in the original application. (2) Each divisional application shall be treated as a separate application for registration with the same filing date as the original application and at the same stage of processing. (3) Where the request to divide an application is filed after publication of the application, any objections inrespect of, or opposition to, the original application shall be taken to apply to each divisional application and shall be proceeded with accordingly. (4) Upon division of an original application in respect of which notice has been given to the Registrar of particulars relating to the grant of a licence, or security interest or Any right in or under it, the notice and the particulars shall be deemed to apply in relation to each of the applications into which the original application has been divided. (5) The division of an application into sepamte applications under paragraph (3) shall be subject to the payment of a divisional fee and FZIt Schedule. application and class fees specified in the First Schedule. M~xgerof sqraratc 1 6 . 4 1 ) An applicant who has made separate applications for ap plicetionsfor registration of a mark may, at any time, request the Registrar on Form TM8 rq $stra(ion. to merge the separate applications into a single application and where each application is at a different stage in processing the single application shall be treated as being at the earlier of the stages of processing. (2) The Registrar shall merge them into a single application if satisfied that all the applications which are the subject of the request for merger- (a) are in respect of the same trade mark; (6) bear the same date of application; and I (c) are, at the time of the request, in the name of the same person. (3) The proprietor of two or more registrations of a trade mark may request the Registrar on Form TM8 to merge them into a single registration and the Registrar shall so merge them if satisfied that the registrations are in respect of the same trade mark. [The incl~~sionof th~spage IS autlmrized by L.N. 28120031 THE TRADE MARKSRUL,ES, 2001 15 (4) Where any registration of a trade mark to be merged under paragraph (3) is subject to a disclaimer or limitation, the merged registration shall also be restricted accordingly. (5) Where any registration of a trade mark to be merged under paragraph (3) has had regxtered in relation to it, particulars relating to the grant of- (a) a licence or a security interest; or (b) any right in or under it; or (c) any memorandum or statement of the effect of a memorandum, the Registrar shall enter in the register the same particulars in relation to the merged registration. (6) The date of registration of the merged registration shall, where the separate registrations bear different dates, remain as they are. 17.--(1) The proprietor of a series of trade marks may apply to the ~mti.. ofa&of Registrar on Form TM1 for their registration as a series in a single bh,&. registration and there shall be included in such application a representation of each mark claimed to be in the series. (2) The Registrar shall accept the application if he is satisfied that the marks referred to in paragraph (I) constitute a series. (3) At any time before publication of the application, the applicant may request on Form TM7 the division of the application into separate applications in respect of one or more marks in that series and the Registrar shall divide the application accordingly if he is satisfied that the division requested conforms with section 25 (2) of the Act. (4) An applicant for registration of a series of trade marks or the proprietor of a registered series of trade marks may, at any time request the deletion of a mark in that series, and the Registrar shall delete the mark accordingly. 18. Within nine months of the date of the application for the registration F*O~ for of a collective or certification mark and prior to publication, the applicant @tiom conectiyemd shall file Form TM9 accompanied by a copy of the regulations governing the ,""z- use of the mark. 19.--(1) An application for the amendment of the regulations governing ~ m a h d o f the use of a registered collective or certification mark shall be filed on Form zze TMlo. and certifioation maks (2) Where it appears expedient to the Registrar that the amended regulations should be made available to the public he shall publish a notice indicating where copies of those regulations may be inspected. [The ioclusio~~ of this page is aothorized by L.N. 28120031 THE TRADE MARKSRULES. 2001 (3) Any person may, within two months of the date of publication of the notice under paragraph (2), make observations to the Registrar on the amendments relating to the matters referred to in the principal Act in paragraph 5(1) of the First Schedule thereto in relation to a collective mark or paragraph 4(1) of the Second Schedule thereto in relation to a certification mark and the Registrar shall send a copy thereof to the proprietor. (4) Any person may, within two months of the date of publication of the notice, file notice on Form TM4 to the Registrar of opposition to the amendment, accompanied by a statement of the grounds of opposition, indicating why the amended regulations do not comply with the requirement of paragraph 5(1) of the First Schedule or, as the case may be, paragraph 4(1) of the Second Schedule of the principal Act. (5) The Registrar shall send a copy of the notice and the statement to the proprietor and thereafter the procedure in rule 12 shall apply to the proceedings as they apply to proceedings relating to opposition to an application for regstration. Disclaimers, limitations and alteration or surrender of registered trade mark 20.-41) The Registrar may call on an applicant to insert in his application such disclaimer as the Registrar may thmk fit, in order that the public generally may understand what the applicant's rights will be if his mark is registered. (2) Where the applicant for registration of a trade mark or the proprietor by notice in writing sent to the Registrar- (a) disclaims any right to the exclusive use of any specified element of the trade mark;or (6) agrees that the rights conferred by the registration shall be subject to a specified territorial or other limitation, the Registrar shall make the appropriate entry in the register and publish such disclaimer or limitation. (3) Upon payment by the proprietor of the application fee for Firs: registration of a trade mark specified in the First Schedule, the Registrar shall Schrdulc. advertise the disclaimer or limitation. 2 1 . 4 1 ) The proprietor may request the Registrar on Form TMll for such alteration of his registered mark as is permitted under section 41(2) of the Act. (2) The Registrar may require such evidence by statutory declaration or otherwise as to the circumstances in which the application referred to in paragraph (1) is made. [The inclusion of this page is authorized by L.N. 28/2003] THE TRADE MARKS RULES. ZOO1 (3) Where the Registrar proposes to allow the alteration he shall publish the mark as altered. (4) Any person claiming to be affectedby the alteration may, within two months of the date of publication of the alteration under paragraph (2), send to the Registrar a notice of opposition to the alteration on Form TM4 and shall include a statement of the grounds of opposition. (5) The Registrar shall, upon receipt of the notice and statement referred to in paragraph (4), send a copy of each to the proprietor and thereafter the procedure in rule 12 shall apply to the proceedings as they apply to proceedings relating to opposition to an application for registration. 2 2 . 4 1 ) Subject to paragraph (2), the proprietor may surrender a 2ysdate registered trade mark by sending notice to the Registrar- trademt~k (a) on Form TM12 in respect of all the goods or services for which it is registered; or (b) on Form TM13, in respect only of those goods or services specified by him in the notice. (2) A notice under paragraph (1) shall be of no effect unless the proprietor, in that notice- (a) gives the name and address of any person having a registered interest in the mark; and (b) certifies that any such person- (i) has been sent not less than three months' notice of the proprietor's intention to surrender the mark; or (ii) is not affected, or if affected, consents thereto. (3) The Registrar shall, upon the surrender taking effect, make the appropriate entry in the register. Renewal and restoration 23.-(1) The Registrar shall, not earlier than six months nor later than -of one month before thedate of expiry of the last registration of a trade mark, .-ma- notify the proprietor in writing of the date of expiry and the manner in which registration may be renewed. (2) Renewal of registration shall be effected by filing a request for renewal on Form TM14 at any time within the period of six months ending on the date of the expiration of the registration and such request shall be accompanied by the fee specified in the First Schedule. pim 24.--(1) If, on the expiration of the last registration of a trade mark the renewal fee has not been paid, the - Registrar shall publish that fact. zd WmMe. nmcmlor [The inclusion of this page i s authorized by L.N. 2812003] R E TRADE MARKS RULES, 20001 (2) If. within six months from the date of the expiration of the last registration, the request for renewal is filed on Form TM14 accompanied by First the renewal fee specified in the First Schedule and additional renewal fee so Schedule specified, the Registrar shall renew the registration without removing the mark from the register. (3) Where no request for renewal is filed as aforesaid, the Registrar shall, subject to rule 25, remove the mark from the register. (4) Where a mark is due to be registered after the date on which it is due for renewal (by reference to the date of application for registration), the request for renewal shall be filed together with the renewal fee and additional renewal fee within six months after the date of actual registration. (5) The removal of the registration of a trade mark shall be published. 25.-31) Where the registrar has removed the mark from the register for failure to renew its registration in accordance with rule 23, he may, upon a request filed on Form TM15 within six months of the date of the removal accompaxued by the renewal fee specified in the First Schedule and restoration fee so specified, restore the mark to the register and renew its repstration if, having regard to the circumstances of the failure to renew, he is satisfied that it is just to do so. (2) The restoration of the registration shall be pubIished, with the date of restoration shown. Appk d o n forrrvocatim 26.-41) An application to the Registrar for- declaration of ind and (a) revocation of registration of a mark under section 44 of the Act; comction of regis :a. or (b) declamtion of invalidity of the registration of a trade mark under section 46 of the Act; or (c) the rectification of an error or omission in the register under section 62 of the Act, shall be made on Form TM16 together with a statement of the grounds on which the application is made. (2) Where any application is made under paragraph (I) by a person other than the proprietor of the registered trade mark, the Registrar shall send a copy of the application and the statement to the proprietor. (3) Within two months of the date of receipt by the proprietor of the application and the statement the proprietor may file a counter-statement together with Form TM5 and the Registrar shall send a copy thereof to the applicant: Provided that where an application for revocation is based on the ground [The inclusion of this page is authorized by L.N. 28120031 THE TRADEM M S RULES. 2001 of non-use under section 43 (1) (a) of the Act, the proprietor shall file (within the period allowed for the filing of any counter-statement) evidence of the use by him of the mark, and if he fails to do so, the Registrar may treat his opposition to the application as having been withdrawn. (4) Subject to paragraphs (2), (6) and (7), the provisions of rule 12 shall apply to proceedings relating to the application as they apply to opposition proceedings for the registration of a trade mark, except that, in the case of an application for revocation on the grounds of non-use under section 43(1) (a) of the Act, the application shall be granted where no counter- statement is filed. (5) Any person, other than the registered proprietor, claiming to have an interest in proceedings on an application under this rule may file an application to the Registrar on Form TM17 for leave to intervene, stating the nature of his interest and the Registrar may, after hearing the parties concerned if so required, refuse such leave or grant leave upon such terms or conditions (including any undertaking as to costs) as he thinks fit. (6) Any person granted leave to intervene (hereinafter referred to as "the intervener") shall,subject to the terms and conditions imposed in respect of the intervention, be treated as a party for the purposes of the application of the provisions of rule 12 to the proceedings on an application under this rule. (7) When the Registrar has made a decision on the application following any opposition, intervention or proceedings held in accordance with this rule, he shall send the applicant, the person opposing the application and the intervener (if any) written notice of it, stating the reasons for his decision. (8) For the purposes of any appeal against the Registrar's decision, the date when the notice of the decision is sent shall be taken to be the date of the decision. The Register 27. The register required to be maintained by the Registrar under section z y 61 of the Act need not be kept in documentary form. 28. In addition to the entries required to be made in the register by -of section 61(1) of the Act, the register shall contain, in respect of each trade -. mark registered therein, the following particulars- (a) the date of regishation as determined in accordance with section 24(4) of the Act (that is to say, the date of the filing of the application for registration); (b) the actual date of registration (that is to say, the date of the entry in the register); /The inclusion of this page is authorized by L.N. 28/2003] THE TRADEMARKSRULES. 2001 (c) the priority date (if any) to be accorded pursuant to a claim to a right to priority made under section 19 or 20 of the Act; (d) the name and address of the proprietor, (e) the address for s e ~ c e (if any) as furnished pursuant to rule 9 (1); V) any dwlaimer of limitation of rights under section 26 (2) (a) or (6) of the Act; (g) any memorandum or statement of the effect of any memorandum relating to a trade mark of which the Registrar has been notified on Form TM18; (h) the goods or senices in respect of which the mark is registered; (i) where the mark is a collective or certification mark,that fact; and 0) where the mark is registered pursuant to section 13(6) of the Act with the consent of the proprietor of an earlier trade mark or other earlier right, that fact. 29. Upon application made to the Registrar by such person as is mentioned in section 30(2) of the Act, there shall be entered in the register the following particulars of registrable transactions, that is to s a p (a) in the case of an assignment of a registered trade mark or any right in it- (i) the name and address of the assignee; (ii) the date of the assignment; and (iii) where the assignment is in respect of any right in the mark, a description of the right assigned, (b) in the case of the grant of a licence under a registered trade mark- (i) the name and address of the licensee; (ii) where the licence is an exclusive licence, that fact; (iii) where the licence is limited, a description of the limitation; and (iv) the duration of the licence if the same is or is ascertainable as a definite period; (c) in the case of the grant of any security interest over a registeffd trade mark or any right in or under it- (i) the name and address of the grantee; (ii) the nature of the interest (whether fixed or floating); and (iii) the extent of the security and the right in or under the mark secured; (4 in the case of the making by personal representatives of an assent in relation to a registered trade mark or any right in or under i&- (i) the name and address of the person in whom the mark or any right in or under it vests by virtue of the assentland [The inclusion of this page is authorized by L.N. 28/2003] THE TRADE . W S RULES, 2001 (ii) the date of the assent; and (e) in the case of a court or other competent authority transferring a registered trade mark or any right in or under it- (i) the name and address of the transferee; (ii) the date of the order: and (iii) where the transfer is in respect of a right in the mark a description of the right transferred, and, in each case, there shall be entered the date on which the entry is made. 3 0 . 4 1 ) An application to register particulars of a transaction to which F$" section 30 of the Act applies or to give notice to the Registrar of particulars @zdc=,of of a transaction relating to an application for the registration of a trade mark shall be made, subject to paragraph (2)- (a) on Form TM19 where it relates to an assignment or transaction other than a transaction referred to in subparagraphs (b) to (4 of this paragraph; (b) on Form TM20 where it relates to a grant of a licence, (c) on Form TM.1 where it relates to an amendment to, or termination of a licence; (d) on Form TM18 where it relates to the grant, amendment or termination of any security interest; and (e) on Form TM18 relating to the making by personal representatives of an assent or to an order of a court or other competent authority. (2) An application under paragraph (1) shall be accompanied by such documentary evidence as suffices to establish the transaction. (3) Where the transaction is effected by an instrument chargeable with duty, the application shall be subject to the Registrar being satisfied that the instrument has been duly stamped. (4) Where an application to give notice to the Registrar has been made of particulars relating to an application for registration of a trade mark, upon registration of the trade mark, the Registrar shall enter those particulars in the register. 3 1.+ 1) The register shall be open for public inspection at the Office &of on payment of the fee specified in the First Schedule an4 on the dates and times published by the Registrar. ~ebcdu~. (2) The Office shall be closed to the public and the register shall not be open to inspection on public holidays and on days which may from time to time be notified by a notice posted in a conspicuous place at the [The inclusion of this page is authorized by L.N. 28/2003] THE TRADE MARKS RULES, 2001 Office. ( 3 ) Where any portion of the register is kept otherwise than in documentary form, the right of the inspection is a right to inspect such portion in addition to the regster. Supply 0:' 32. The Registrar shall supply a certified copy or extnct or uncertified certified c o p ~ s ,etc. copy or extract of any entry in the register pursuant to a request on Form TM22. Request In change of 3 3 . 4 1 ) The Registrar shall, on a request made on Form T M 6 by the m e or addnssin proprietor of a registered trade mark or a licensee or any person having an rr&ter. interest in or charge on a registered trade mark which has been registered under rule 30, enter any change in his name or address as recorded in the register. ( 2 ) The Registrar may at any time change an address recorded in the register, on a request made on Form T M 3 by any person who has furnished that address for service under mle 9. Removal of any Y 3 4 . 4 1 ) Where it appears to the Registrar that any entry in the register h m leiCter. has ceased to have effect, before removing it from the register- ( a ) he may, where he considers it appropriate, publish his intention to remove that entry; and (b) where any person appears to him to be affected by the removal, he shall send notice of his intention to that person. ( 2 ) Within two months of the date on which the Registrar's intention to remove the entry is published, or notice of his intention is sent, as the case may b e - ( a ) any person may file notice of opposition to the removal on Form T M 4 ; and (b) the person to whom a notice is sent under paragraph ( 1 ) (b) may file, in writin* (i) his objections, if any, to the removal; or (ii) a request to have his objections heard orally, and where such opposition or objections are made, rule 41(4) shall apply. (3) The Registrar shall not remove any entry if he is satisfied, after considering any objection or opposition to the removal, that the entry has not ceased to have effect. ( 4 ) The Registrar may- (a) remove any entry where there has been no response to his notice; [Thc inclusion of this pp is authorized by L.N. 28120031 7HE TRADEMARKS RULES, 2001 23 (6) remove any entry or any part thereof where representations objecting to the removal have been made (whether in writing or orally) and the Registrar is of the view after considering the objections that the entry or any part thereof has ceased to have effect. Change of Classification Change of 35.--(I) Subject to section 63 of the Act, the Registrar may- c-pson (a) in order to reclassify the specification of a registered trade mark founded on the Third Schedule to one founded on the Fourth ~ c h t d u ~ . F0lndl Schedule; or Sew. (6) consequent upon an amendment of the International Classification of Goods and Services referred to in rule 7 (2), make such amendments to entries on the register as he considers necessary for the purposes of reclassifying the specification of the registered trade mark. (2) Before making any amendment to the register under paragraph (1) the Registrar shall give the proprietor of the mark written notice of his proposals for amendment advising him that- (a) he may make written objections to the proposals within two months of the date of the notice, stating the grounds of his objections; and (b) if no written objections are received within the period specified the Registrar will publish the proposals and he will not be entitled to make any objections thereto upon such publication. (3) If the proprietor- (a) makes no written objections within the period specified in paragraph (2) (4; or (6) at any time before the expiration of that period gives the Registrar written notice of his intention not to make any objections, the Registrar shall publish the proposals as soon as practicable after the expiration of that period or upon receipt of the notice. (4) Where the proprietor makes written objections within the period specified in paragraph (2) (a), the Registrar shall, as soon as practicable after he has considered the objections, ~ublishthe proposals or, where he has amended the proposals, publish the proposals as amended (5) The decision of the Registrar under paragraph (4) shall be final and not subject to appeal. [The inclusion of this page is authorized by L.N. 28/2003] THE TRADE WRULES, 2001 36.--(1)Notice of any opposition shall be filed on Form TM4 within two months of the date of publication of the proposals un&r rule 35 and shall state the grounds of opposition and, in particular? how the proposed amendments would be contrary to section 63 ( 3 ) of the Act. (2) The Registrar. may require or admit evidence directed to the questions in issue and, if so requested by any person opposing the proposal, give that person the opportunity to be heard thereon before deciding the matter. ( 3 ) If no notice of opposition is filed under paragraph ( 1 ) within the time specfled, or where any opposition has been determined, the Registrar shall make the amendments as proposed and shall enter in the register the date when they were made. (4) The decision of the Registrar under paragraph ( 3 ) shall be final and not subject to appeal. Request for information, inspection ofdocuments and conjdentiality 37. A request for information relating to an application for registration or to a regstered trade mark pursuant to section 55 of the Act shall be ma& on Form TM23. 38. Before publishing an application for registration, the Registrar shall make available for inspection by the p u b l i o (a) the application and any amendments made to it; and (b) any particulars contained in a notice given to the Registrar under rule 30. 39.--(1) Subject to paragraphs ( 2 ) and (3),the Registrar shall permit the inspection of all documents filed or kept at the Office in relation to a registered mark or, where an application for the registration of a trade mark has been published, in relation to that application. (2) The Registrar shall not be obliged to permit the inspection of any document mentioned in paragraph ( 1 ) until he has completed any procedure, or the stage in the procedure relevant to the document in question, which he is r e q d or permitted to cany out under the Act or these Rules. ( 3 ) The right of inspection under paragraph ( 1 ) does not apply to- (a) any document until fourteen days after it has been filed at the Office; (b) any document prepared in the Office solely for use therein; (c) any document sent to the Office, whether at its request or other- wise, for inspection and subsequent retum to the &, [The inclusion of this page i s authorized by L.N. 28R0031 THE TRADE UclRKSRULES, 22001 (d) any request for information under rule 37; (e) any document issued by the m ce which the Registrar considers should be treated as confidential;or V) any document in respect of which the Registrar issues directions under rule 41 that it be treated as confidential. (4) Nothing in paragraph (1) shall be consqed as imposing on the Registrar any duty of malang available for public inspectio- (a) any document or part of a doc\ument which, in his opinion, disparages any person in a way likely to damage him; or (b) any document filed with or sent to the Oace before the appointed day. (5) No appeal shall lie from a decision of the Registrar under paragraph (4) not to make any document or part of a document available for public inspection. 40.-(1) Where-- flaawlk. (a) a document (other than a form required by the Registrar) is filed at the Office; and (6) the person filing it requests, at the time of filing or within fourteen days thereafter, that the document or a specified part of it be treated as confidential, giving his reasom and specifying the period for which that document or part t h m f should be kept confidential, the Registrar may direct that the document or part of it, as the case may be, be treated as confidential, and the document shall not be open to public inspection while the matter is being determined by the Registrar. (2) Where such a direction has been given and not withdrawn, nothing in this rule shall be taken to authorize or require any person to be allowed to inspect the document or part of it to which the direction relates except by leave of the Registrar. (3) The Registrar shall not withdnw any direction given under this rule without prior consultation with the person at whose request the direction was given, unless the Registrar is satisfied that such prior consultation is not reasonably practical. (4) The Registrar may where he considers necessary, direct that any document issued by the Ofice should be treated as confidentid, and upon such direction that document shall not be open to public inspection except by leave of the Registrar. (5) Where a direction is given under this rule for a document to be [The i~lclusionof Hiis page is authorized by L.N. 28120031 THE TRADE MARKS RULES. 2001 treated as confidential, a record of the fact shall be filed with the document. Agents 4 1 . 4 1 ) Except as otherwise required by these Rules the following documents may be signed, made or given by or through an agent-- (a) any application, request or notice which is required or permitted by the Act or these Rules to be made or given to the Registrar; and (b) all other communication betwee- (i) an applicant or a person making such a request or giving such a notice and the Registrar; and (ii) the registered proprietor or a licensee of a trade mark and the Registrar or any other person. (2) Any such applicant, person, proprietor, or licensee may appoint an agent to act for him in any proceeding or rtlatter before or affecting the Registrar under the Act and these Rules by signing and sending to the Registrar an authority to that effect in the Form TM3, or in such other written form as the Registrar may deem sufficient. (3) In the case of an appointment referred to in paragraph (2-) (a) service upon the agent of any document relating to the proceeding or matter shall be deemed to be service upon the person appointing him; (b) all communication directed to be made to the person appointing the agent in respect of the proceeding or matter may be addressed to the agent, and all attendances upon the Registrar relating thereto may be made by or through that agent; (c) the Registrar may require the personal signature or presence of an applicant, opponent, proprietor, licensee or other person; and ( 4 the Registrar may require from an agent written evidence of his authority to act as agent pursuant to this rule. (4) The Registrar shall not be bound to recognize as an agent, any pem- (a) who has been proved to him, or, on appeal, to the court,to have been guilty of conduct discreditable to a trade mark agent; (b) who has been convicted of a criminal offence; (c) whose name has been struck off the roll of attorneys-at-law; or ( 4 (during the term of his suspension) who has been suspended from [The inclusion of this page is authorized by L.N. 28120031 THE T M E U A R K S RULES. 2001 acting as such. Decision of Registrar, evidence and costs 4 2 . 4 1 ) Without prejudice to any provisions of the Act or these Rules requiring the Registrar to hear any party to proceedings under the Act or amah these Rules or to give such party an opportunity to he heard, the Registrar hew shall, before taking any decision on any matter under the Act or these Rules which is or may be adverse to any party to any proceedings before hun, give that party an opportunity to be heard. (2) The Registrar shall give that party at least fourteen days' notice of the time when he may be heard unless that patty consents to shorter notice. Evidence in 43.-41) Evidence which, under these Rules may be admitted by the p r o c e w Registrar in any proceedings before him, shall be in the form of a statutory Egau, declaration or affidavit. (2) The Registrar may, in any particular case, take oral evidence in lieu of or in addition to such evidence and shall, unless he otherwise directs, allow any witness to be cross-examined on his statutory declaration, affidavit or oral evipence. M a h g and 4 4 . 4 1 ) The statutory declaration or affidavit required by the Act or suhrcri~Yonof these Rules, or used in any proceedings thereunder, shall be made and ~ ~ ~ ~ 0 affidavit. subscribed as follows-- (a) in Jamaica, before any Justice of the Peace or other person authorized by law to administer an oath for the purpose of legal proceedings; (b) in the United Kingdom, before any Justice of the Peace, or any Commissioner or other officer authorized by law in any part of the United Kingdom to administer an oath for the purpose of legal proceedings; (c) in any other part of the Commonwealth, before a Judge, Justice of the Peace, or any officer authorized by law to administer an oath for the purpose of legal proceedings; and (d) in any other State before (i) Jamaican or British Consul or Vice-consul; (ii) person exercising the functions of a Jamaican or British consul; (iii) Notary Public; or (iv) Judge or Magistrate. (2) Any document purpoI.ting to have &xed, impressed or sub- [The incli~sion of this page is authorized by L.N. 28120031 THE TRADE MARKSRULES, 2201 scribed thereto or thereon the seal or signature of any person authorized by paragraph (1) to take a declaration to the effect that it was declared and subscribed before him, may be admitted by the Registrar without proof of the genuineness of the seal or signature, or of the official character of the person or his authority to take the declaration. Rcgkhu s power 45. The Registrar may, at any stage of any proceedings before him, direct to rn that such documents, information or evidence as he may reasonably require donmcnhi, mlonnatim or cvidslce shall be filed within such period as he may specify. Ucgidm to have p e r of the 46.-41) The Reestrar shall. in relation to the examination of witnesses Rc@m of on oath and the discovery and production of documents, have all the powers ( the Sup me Court of the Registrar of the Supreme Court. (2) The rules applicable to the attendance of witnesses before the Registrar of the Supreme Court shall apply in relation to the attendance of witnesses in proceedings before the Registrar. 47. The hearing before the Registrar of any dispute between two or more parties relating to any matter in comection with an application for the registration of a mark or a registered mark shall be in public unless the Registrar, after consultation with those parties who appear in person or are represented at the hearing, otherwise directs. 48. The Registrar may, in any proceedings before him under the Act or these rules, by order award to any party such costs as he may consider reasonable, and direct how and by what parties they are to be paid. 4 9 . 4 1 ) The Registrar may require any person who is a party in any proceedings before him under the Act or these Rules to give security for costs in relation to those proceedings and proceedings on appeal. (2) In default of such security being given, the Registrar may treat the party in default as having withdrawn his application, opposition, objection or intervention, as the case may be. 5 0 . 4 1 ) When, in any proceedings before him,the Registrar has made a decision following a hearing or, if a hearing has not been requested, after considering any submission in writing, he shall send notice of his decision in writing to each party to the proceedings, and for the purpose of any appeal against that decision, the date of the decision shall, subject to paragraph (2), be the date when the notice is sent. (2) Where a statement of the reasons for the decision is not included in the notice sent under paragraph-)1( (a) any party may, within one month of the date on which the notice was sent to him, request the Registrar on Form TM24 to send him a statement of the reasons for the decision; (b) the Regism shall send such a statement; and (c) the date on which that statement is sent shall be deemed to be the [The inclusion of this pngc is authorid by L.N. 28i2003j .. THE TRADEMARKS RULES.ZOO1 date of the Registrar's decision for the purpose of any appeal against it. Apylications to court 51. Every application to the Court under the Act shall be served on the Acourt ~ + a b o ~b Registrar. Correction ofirregularities, calculation and extension of time 5 2 . 4 1 ) Any irregularity in procedure in or before the Office or the Registrar may be rectified, subject to paragraph (2), on such terms as he may ,-, direct. (2) In the case of an irregularity or prospective irregularity which- (a) consists of a failure to comply with any limitation as to times or periods specified in the Act, these Rules or the old law as that law continues to apply; (b) has occurred or appears to the Registrar as likely to occur in the absence of a direction under this rule; or (c) is attributable wholly or in part to an error, default or omission on the part of the Office or the Registrar and it appears to him that it should be rectified, the Registrar may direct that the time or period in question shall be altered in such manner as he may specify. (3) Paragraph (2) is without prejudice to the Registrar's power to extend any time or periods under rule 54. 5 3 . 4 1 ) Whenever the last day affixed by the Act or by these Rules for *. doing any act or thing at the falls on a day when- (a) the Office is not open; or (b) there is a general interruption or subsequent dislocation of the postal services of Jamaica, such day shall be an excluded day for the purposes of the Act and these Rules and accordingly, it shall be lawful to do the act or thing on the first day following such excluded day which is not an excluded day. (2) If in any particular case the Registrar is satisfied that the failure to give, make or file any notice, application or other document within any period of time specified in the Act or these Rules for that purpose was wholly or mainly attributable to a failure or undue delay in the postal services in Jamaica, the Registrar may, if he thinks fit, extend the period so that it ends on the day of the receipt by the addressee of the notice, application or other document (or, if the day of such receipt is an excluded day, on the first following day which is not an excluded day), upon such notice to other [The inclusion of this page is authorized by L.N. 28120031 30 THE TR4DE MARKSRULES, 22001 parties and upon such terms as he may direct. Atlaltionof 5 4 . 4 1 ) The time or periods- time lids. (a) prescribed by these rules, other than the times or periods prescribed by the rules mentioned in paragraph (3); or (6) specified by the Registrar for doing any act or taking any proceedings, may, at the request of the person or party concerned and upon payment of the prescribed fee, be extended by the Registrar as he thinks fit, upon such notice to any other person or party affected and upon such terms as he may direct. (2) A request for the extension of a period prescribed by these Rules which is filed after the application has been published under rule 12 shall be on Form TM25 and shall in any other case be on that form if the Registrar so directs. (3) The rules referred to in paragraph (1) are (a) rule 9 (7) (failure to file address for service); (b) rule 10 (deficiencies in application); (c) rule 12 (1) (time for filing opposition); (d) rule 13 (3) (time for filing counter-statement); (e) rule 24 (delayed renewal); V) rule 25 (restoration of gistr ration). (4) Subject to paragraph ( 3 , a request for extension under paragraph (I), shall be made before the expiration of the time or period in question. (5) Where the request for extension is made after the expiration of the time or period, the Registrar may extend the period or time if he is satisfied with the explanation for the delay in requesting the extension and it appears to him that any extension would not be to the disadvantage of any other person or party affected by it. (6) Where- (a) the period within which any party to any proceedings before the Registrar may file evidence under these Rules is to begin on the expiration of any period in which any other party may file evidence; and (b) that other party notifies the Registrar that he does not wish to file any evidence or any further evidence, the Registrar may direct that the period within which the first mentioned [The incl~lsio~iof this page is authorized. by L.N. 28120031 THE TRADE MARKS RULES, 20001 31 party may file evidence shall begin on such date as may be specified in the direction and shall not* all parties to the dispute of that date. Miscellaneous 55. The Registrar may permit as an alternative to the sending by post or ~ilingof delivety of the application, notice or other document in legible form, the filing thereof by electronic means subject to such terms or conditions as he may specify either generally by published notice or in any particular case by written notice to the person desiring to file any such document by such means. 56. A form or other document in these Rules which is required to be ~ubhcatioll~ published shall be published in the Gazette or a daily newspaper circulating in the Island or a jownal published by the Registrar. 57. The Registrar may publish a journal, entitled "The Trade Marks TradeMmks Journal", containing paTticulars of any application for the registration of a Joumal Trade Mark (including a representation of the Mark), such information as is required to be published under these Rules and such other information as the Registrar thinks fit. 58.-41) Where any document or part thereof which is in a language other T"h'"N than English is filed or sent to the Registrar pursuant to the Act or these Rules, the Registrar may require that there be furnished a translation of the document or that part into English, verified to the satisfaction of the Registrar as corresponding to the original text. (2) The Registrar may refuse to accept any translation which is in his opinion inaccurate and thereupon another translation of the document in question verified as aforesaid shall be furnished. Transitional provisions 59. Where an application for registration of a mark made under the old rpp%IO, law is advertised on or after the appointed day, notice of opposition may be f a ~&mticm. filed within two months from the date of advertisement, and such period shall not be extended. 60. A notice to the Registrar under paragraph 10 (2) of the Third Schedule ~~~m to the Act, claiming to have the registrability of the mark determined in ofpcndin~ applioaticm. accordance with the provisions of the Act, shall be in the Form TM26. [The inclusion of this page is authorized by L.N. 28120031 THE TRADE MARKS RULES, 2001 FIRST SCHEDULE (RULES 3,20,23,24,25) Fees - Matter Rule - - Fee Application for registration of Trade Mark or a series of marks in one class 5 and 17 Upon application ... ... ... Upon acceptance of registration ... ... ... Class fee for each class over one ... ... ... Certificate re claim to priority ... ... ... Address for Service ... ... ... NOTICE OF OPPOSITION: To the registration of a mark ... ... Tothe amendment of an application ... ... ... To the amendment of the regulations relating to a Certification or Collective Trade Mark ... ... To the alteration of a registered Trade Mark ...... To th&emoval of an entry from the register ... To the recl&sification of a mark from Schedule 111 to Schedule IV ... ... ... ... FILING OF COUNTERSTATEMENT: in answer to opposition to the registration of a mark ... in answer to an application for revocation of a mark ... Filing of statutory declarationdAflidavits as evidence in support of opposition to the registration of a mark ... Request for division of an application ... ... ... Request for merger of either application or registration ... Filing of regulations governing the use of a certification or collective mark ... ... ... ... Request to amend regulations governing the use of certification or collective mark ... ... ... Request for alteration of a registered Trade Mark ... .. , Class fee for each class over one.. . ... ... ... N d c e to surrender a Trade Mark ... ... ... Renewal of registration ... ... ... ... Clam fee for each class over one.. . ... ... ... Additional renewal fee per class.. . ... ... ... Rmquest for restoration of registration removed fiom the register fafriluretorenew . . . . . . ... ... ... Claw fee f a each class over one.. . ... ... ... R e q a d for revocation or invalidation of a registration ... C L s s f b e f o r ~ h c ~ o v e r o... ne ... ...... [The inclusion of this page i s authorized by L.N. 28120031 THE TRADE MARKS RULE% 2001

FIRST SCHEDULE, contd. Fees Matter - Rule - - Fee Request to enter details of an assignment ... ... ... 30(l)(a) Class fee for each class over one . . . . . . ... ... Request for registration of a licence under a registered Trade Mark ... . . . . ... ... ... 30 (1) (b) Class fee for each class over one ... ... ... ... Request for arnendmenl or termination of a licence . . . . . . 30 (1) (c) Class fee for each class over one .... ... ... ... Request for registration of a grant, amendment or removal of a security interest . . . . . . . . . ... ... 30(1)(d) Class fee for each class over one ... ... ... ... Request for registration of an assent by a personal representative in relation to a registered Trade Mark . . . . . . ... 30 (I) (e) Class fee for each class over one . . . . . . ... ... Request for registration of an Or& of a Court or Competent Authority transferring a registered Trade Mark ... 30(l)(e) Class fee for each class over one.. . ... ... ... Inspection of the register per hour or 6nctions thereof ... 31 Certified copy of extract of any entry in the register, for every Page ... ... ... ... ... 32 Unoartified copy of extract of any entry in the register, for every page ... ... ... ... ... 32 Request to enter change of name or address in relation to an application or registration ... ... ... ... 13&33 Class fee for each class over one.. . ,.. ... ... Request for information relating to an application or ' registration ... ... .., ...... 37 For inspection of documents relating to a published application ar a r e w i o n per hour a 6nd0119thereof . . . . . . 39 Request to the Registrar for a Statement of the reasons for his decision ... ... ... ...... 50 (2) Request for the extenaim of time in respect of failure to file the address for service; deficiencies in application; time for filing opposition; time f a filing counter-stateme, delayed mncWa., r e d o d o n of registration ...... 54 (2), (3) Any mstter a adion to be taken not otherwise charged ... Transmittinginformation via facsimile @ea page) Jamaica ... U.S.A. Cmadq Caribbean ... ... ...... [The inclusion of this page is authorized by L.N. 28R003j THE TRADE MARKS RULES,2001 TRADE MARKS REGISTRY FORMS Form Number - Title Application to register a Trade Mark, (including certificationmarks and collective marks). Application for additional classes. Request to appoint an agent or to enter or change an address for Service. ~ h t i c eof Opposition. Form for Counterstatement. Request to change the details of an application or a registration. Request to divide an application. Request to merge either applications or registrations. Filing of regulations governing the use of a certification or collective mark. Application to amend the regulations governing the use of a cdfication or collective mark. Request for alteration of a registered mark Notice to surrender a registration Notice of a partial surrender of the specificationof goods or services fpr which the mark is reBstered. Renewal of registration. Request for the restoration and renewal of a registration removed from the register because of non-payment of the renewal fee. Application for the revocation or rectif~cationof a registration or for it to be declared invalid. Application to intervene in proceedings for revocation or rectification of a registration. Application to record/cancel a registrable transaction or memoranda relating to a trade mark but not an assignment or licence. Application to register a change of proprietor. Application for the registration of a licensee for a registered Trade M a k Application to remove or amend a licence. Request for Registrar's general certificate. Request for information about applications and registered marks. Request to the Registrar for a statement of grounds of decision. Request for extension of time on an application Notice under Schedule 3, paragraph 10 (2) of the Act: Claim to have registrability of a mark applied determined under the Aa (Conversion of application). [The inclusion of this page is authorized by L.N. 28120033 THE TRADEMARKSRULES, 2201 TradeMark Act Form TMI THE TRADE MARKS REGISTRY Trade M& Registry 1 B H o l h Road, Kingston 10. Application to register a Trade Ma& (including certificationand collective marks) 1. Your reference 3. If the mark is not a word or a pi- please indicate here (for example 3-dimensional). 4. If the application is fo~.a series of marks, indicate how many marks in the series. 5. Ifthis application claims priority, indicate the priority date(s) claimed, the country and the number. [The inchsion of this page is oothorized by L.N. 28/2003] THE TRADE ht4RKS RULES, 2001 Trade Marks Act Form TM I . contd. 6. Specification of gooddsewices. If the spaceprovided for the specification of gooddservices is insuficient then please continue the list on the pre- printed continuation sheets. List the classes in consecutive numerical order and list alongside each class the goods or services appropriate to that class. Class number Being used/Bona Fide intention to use Class number List the classes m consecutive numerical order and hst alongside each class the goods or services appropriate to that class. [The inclusion of this page is authorized by L.N. 2812003) THE TRADE UARKS RULES, 2001 TradeMarks Act Form TMl. contd. Class number ( List of goods/services Being usedBona Fide intention to use I Class number 7. Full name, address and postcode of the applicant Trada Uarlcs number (rfyou know lt) Ifthe applicant is a corporate body, give the country or slate of incorporation 8. Name of agent (ifappropriate) "Address for service" in Jamaica to which all correapondcncc ahauld be sent (sue note (m)) THE TRADE MARKSRULES 2001 TradeMarks Act Form TMI, contd. 9. Is this applicationfor: (a) a certification trade mark or (b) a collective trade mark (indicate(a)or (b)if appropriate) 10. Indicate any limitations (including colour) or disclaimers Signature Name (block capitals) Date Name and daytime telephone number of penon to contact State number of any sheets attached to this fonn NOTES (a) These notes will help you t o j l l in this fonn. Ifyou need any more help or you have any questions,please contact the TradeMarks Registry. (b) Writeyour answers in capital leners using bbck ink or you may type them. (c) Ifthere is not enough s p c e for your answer to any section of thisfonn, use separate sheets. Number each one and write on thefonn how many extra sheets- have used. (4 Once you have jlled in the fonn you must remember to sign and c4te it. The appropriate fees should accompany thisfonn. For details ofjkes and ways topay, please contact the TradeMarks Registry. (e) Thisfonn is used for apply'ng to register all types of Trade Marks (sections 16 to 20 ofha TradeMarks Act, refer). (R If this application is for a certjcation mark, then yorc mustjle the regulations vithfn 9 monthsfrom the date you j l e thisfonn. (Schedule 2 paragraph 5 of the Tra& Ma& Act and Rule 18 of the TradeMark Rules, 2001 rsfr). (g) I f this application is for a co{Jectiw mark then you mustfile the regubtiona w i t h 9 monthsfiom the date )lacjle thisfonn (Schedule I pamgraph 4 of the lhkM a h Aci and Rule 18 of the TradeMarks Rules, 2001 rsfer). me inclusion of this page is authorized by L.N. 28R0031 THE TRADE MARKS RULES,2201 TradeMarks Act Fonn TM 1, contd. (h) Five ( 5 ) representations of the mark should be provided for the purpose of sectlon 2. A Trade Mark must be capable of being represented graphically f i t is not a word or a picture. This means you may need to give a clear description of the mark in section 2. We can accept applications ifthe mark is larger than 8cm by 8cm, but no larger than A4. (i) You cannot make any signijicant change to the mark ajf?eryou havefiled the application. (Section 23 of the TradeMarks Act refers). Q If you are applying an Internationalpriori@date, or dates, to any of the goods or services, then you shouldgive all the dates in section 5. (@f% should list all the goods or services which you want to register at section 6. qyolrr application covers goods or services in more than one class, please group rhem together by class. Show the class number in the left hand column. You will not be able to add any extra goods or services to your application after you have filed it wlth the Registry. You may be able to add classes in certain circumstances, for example, if some of the gwds listed are in the wrong class, according to the Regisirar. (t) Section 8 of the form asksyou for details o f p r agent All leners about this application will be sent to the agent whose name you have wrinen in section 8. If you do not haw an agent we will send them to your address in Jamaica. Form ZU3 should be filed wirhin four ( 4 ) weeks of thejiling of the application. You can, at any rime, change your agenr or the address for service by sending us a Form m3. The authorizatim of the agent should accompany the application. ( m ) If your address for service is drferentfrom your ogent's, then please give usfill detaih o) both. [nie inclusio~i of this page is autliorized by L.N. 28/2003] THE TRADEMARK;SRULES,22001 Trade Marks Act Form TM2 THE TRADE MARKS REGISTRY Application for additional classes Trade Marks Registry 1B Holborn Rod, Kingston 10 1. Your reference 2. Give details of the application to Number (LOWYNI)CIIUS which this request relates 3. List the additional classes to be added to the original application 4. Speciticetion of gooddservicesfor the additional clas8es List the classes in consecutive numerical order and list alongside each class thegoods or services appropriate to that class. Class number Lid of goods/services [The inclusion of this p a p is authorized by L.N. 28120031 THE TRADEMARKS RULES, mol TradeMarks Act F o r m TMZ:contd. 5. Full name, address and postcode of the applicant Trade Marks number (ifyou know it) 6. Name of agent (ifappropriate) "Addressfor service" in Jamaica to which all correspondence should be sent (see note ( e )) Signature Name (block capitals) Date Name a d daytime telephone number of person to contact State munber of any sheets attached to this form (a) These notes will help you to fill in this fonn. Ifyou need any more help or you have any questions,please contact the TradeMarks Registry. (b) Wrik your answers in capital letters using black ink oryou may &IM them. (c) Ifthere is not enough space for your answer to any section ofthis form, use separate sheets. Number each one and write on theform how many m a sheetsyou how used (4) O n c o p hove filled in thefonn you must remember to sign and date it. For details @fees and w o y ~to pay, please contact the TradeMarks Registry. (e) Ifyour addressfor sewtce fs dflerentfiom your agent's, thenp&asegh usfill detail of both. [The inclusion of this p a p i s authorized by L.N. 28/2003] THE TRADEMARKS RULES. 2001 Trade Marks Act F a m TM3 THE TRADE MARKS REGISTRY Request to appoint an agent or to Trade Marks Registry enta d w g e of address for service 1~ H o l b a Road, Kingston 10 1. Your reference 2. Give details of the applications Nos. (Lowest)Class Licensee Nos. a registrations this will affect 3. Full name of proprietor or licensee or opponent - 4. The proprietor hereby notifies you that the proprietor has appointed as the proprietor's agent and address for service for the matters stated in Section 5 hereunder the person whose . name and address are set out in Section 6 hereunder 5. Is the agent or address for service authorized for: ( a )all matters a ( b )one action only (indicate (a)or ( b )and if (b)prov~de deta~ls) 6. New name or address and postcode to be recorded Signature Name (block capitals) Date .- Name and daytime.telephone number of person to contact W e munber of any sheets attached to this form NOTES (a) These notes will help you to fill in this fonn. Ifyou need any more help or you may haw any questions,pkase contact the TradeMarks Registry. [The inclusion of this page is authorid by L.N. 28/2003] THE W E U4RKS RULES, 22001 Trade Marks Act Fmn TM3, contd. (b) Writeyour answers in capital letters using black ink or you may type them. (c) If there is not enough space for your answer to any section of this form, use separate sheets. Number each one and write on the form how many m a sheets you have used. ( d ) Once you have filled in theform you must remember to sign and date it. For details o f f e s and ways topay, please contact the Trade MarksRegishy. (e) This form is used ifyou want to appoint an agent eitherfor the first time or to replace an existing agent recorded against a Trade Mark application or registration. You may also use it to enter or change'an address for service. (Rules 9, 33 and 41 of the Trade Marks Rules. 2001 refer) (j) This form can be used for as many cases as you need. You should say at section 2. the registrahon or applicahon numbers of a11 the cases a w e d by these changes. [The inclitsion of this page is auth0rized.b~L.N. 2812003) THE W E U A R K S RULES, 2001 TrodeMorks Act Form TM4 THE TRADE MARKS REGISTRY Notice of opposition Trade Marks Regidry I B HOI~OIII~ o a d , Kingston 10 1. Your reference 2. Give details of the applications Number (Lowest) Class a registrations to which this request relates 3. Full name of the applicant or registered proprietor 4. Full name, address and postcode of epponent 5. Nama.of agent (ifoppropriote) "Address 6r sewice" in Jamaica to which all correspondence should be sent (includingpostcode) (see note ( g )) Signature Name (block copirols) Date Nune and daytime telephone number of person to contact State number of any sheets attached to this form Reminder Have you attached a signed copy ofyour grounds of opposttion? (a) Thaw notes will help you toall in this form. Ifyou need m y mom help or p u m y haw m y questions, please contact the Trade Marks Registry. [The i~lclusionof this page i s authorized by L.N. 2 8 ~ 0 0 3 1 THE TRADEMARKSRULES. 2001 Trade Marks Act Form TM4, contd. ( 6 ) Writep u r answers in capital 1ener.s using black ink or you may vpe them. ( c ) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extra sheets you have used. ( d ) Onceyou have filled in theform you must remember to sign and date it. For details offees and ways to pay, please contact the Trade Marks Registry. ( e ) Thisform is used to notrfi the Registrar that you want to oppose any of thefollowing: class~~cationsfiom schedule 3 to 4; an amendment of an application; an application; an amendment to a registered Trade Mark; or amendments to the regulations relating to collective or cem~cationmarks. V) Thisform must befiled within t w monthssfiom the date ofpublication. (g) Ifyour addressfor service is drfferentfromyour agent's, then please give usfill details of both. [The inclusion of this page is authorized by L.N. 28120031 THE TRADE MARKSRULES. 2001 Trade Marks Act Form TM5 THE TRADE M.4RKS REGISTRY Form f a Counterstatement Trade Marks Registry 1B Holbom Road, Kingston 10 - 1. Your reference 2. Give details of the applications Number (Lowest) Class or registrations to which this request relates 3. Full name of applicant or registered proprietor 4. Opposition or revocation number - 5. Name of agent (fappropriate) "Address for service" in Jamaica to which all correspondence should be sent (see note) Signature Name (block capitals) Date Name and daytime telephone number of person to contact State number of any sheets attached to this form Reminder Send the following on a separate sheet ofpapec DetaiLc of the grounds upon which the proprietor of the mark relies to mppon the application, registration or alteration. [The inclusion of this page is authorized by L.N. 28/2003] THE TRADE MARKS RULES. 2001 Trade Mark.s Act Form TM5.contd. ( a ) These notes will help you tofill in this form. Ifyou need any more help or you have any questions, please contact the Trade Marks Registry. ( b ) Write your answers in capital letters using black ink oryou may type them. ( c ) If there is not enough space for your answer to any section of this form, use separate sheets. Number each one and wrrte on theform how many extra sheets you have used. ( d ) Once you have filled in the form you must remember to sign and date it. For details offees and ways to pay, please contact the Trade Marks Regisfty. ( e ) This form is used if you want to defend your application against a third party who has lodged an opposition against your application or application to rectifi, or to invalidate etc. your registration. (Rules 12 and 26 of the TradeMarks Rules, 2OOl refer). fl You must send us details ofthe grounds for this counterstatement on a separate sheet of paper. (g) Ifyour address for service is different from your agent's, then please give us full details of both. [The inclusion of this page is authorized by L.N. 28120031 THE TRADEMARKSRULES,2001 TradeMarks Act Form TM6 THE TRADE MARKS REGISTRY Requesl to change Trade Marke Registry the details of an 1B Holbm Road, application or a Kingston 10 registration 1. Your reference 2. Give details of the applications Nos. (Lowesf)Class Licensee Nos. or registtations this will affect 3. Full name, address and postcode of the proprietor or the licensee on the record 4. Record a change of: (a) name of the proprietor@) (b) name of the licensee@) (c) name of the registered interest(s) (d) address of the proprietor(s) (e) address of the license&) @ address of the registered intereqs) (indicate (a) to (n as appropriate) 5. New name or address and postcode to be entered on the Register 6. Other amendments (a) give details of the changes (b) -give details if the change is because of a clerical error - 7. Name of agent (ifappropriate) "Address for service" in Jamaica to which all correspondence should be sent (see nofe Q) Declaration I declare that there has been no chunge in the actual proprietorship of the application or registration or the identity of the licensee. Signature Name (block capitals) - Date [The inclusion of this page is authorized by L.N. 28120031 THE TRA.DEMARKS RULES,2201 Trade Marks Act Form TM6,contd. Name and daytime telephone number o f person to contact State number of any sheets attached to this form ( a ) These notes will help you to fill in this form. Ifyou need any more help or you have any questions,please contact the Trade Marks Registry. ( b ) Writeyour answers in capital letters using black ink or you may type them. ( c ) If there is not enough space for your answer to any section of thfsform, use separate sheets. Number each one and write on the form how many extra sheets you have used. (d) Once you havefilled in theform you must remember to sign and dare it. For details offees and ways to pay, please contact the TradeMark8 Regisny, (a) Thisform is used ifthere is a change In the name or address of the proprietor. licsnsee or anyperson with an interest recorded against an application or registrcltiorr.(Rulu~13 and 33 of the TradeMarks Rules, 2001 refer). If there has been a change in the actual proprietorship of the TradeMark t h e n f l in Form TM19 instead of thisjbrm. (g) If there has been a change in the identity of a licensee thenfill in Form 7M21 instead of thisform. (h) I f you want to amend the representation of a registered mark then fill inFonn TMll instead of this form. (i) This form may also be usedfor other amendments,such as those stemmingfrom a clerical error. ) Ifyour addressfor senice is differentfiomyour agent's, then please give us f L N details of both. [The inclusion of this p a p is authorized by L.N. 28/2003] THE W EMARKS RULES. 2001 Trade Marks Act Form TM7 THE TRADE MARKS REGISTRY Request to divide an application Trade Marlcs Registry IB Holbom Rod, Kingston 10 :1 Your reference 2. Give details of the applications to be Number ( b w t )C h divided 3. Is this request to: (a) divide the specification of goods or services? or (b) divide a series of matits? (indicate (a)or (b)as appropriate) (see note (e)) 4. If this request is to divide an Application into more than two parts, write how many parts you want it divided into 5. Full name, address and postcode of applicant 6. Name of agent (ifapproprrate) - "Address for service" in Jamaica to which all correspondence should be sent (see note (b)) Signature Name (block capitals) Date Name and daytime telephone number of person to contact State number of any sheets attached to this form Reminder List on a separate sheet ( a )the g o d s or services (by class number) to be removed to a divisional application or the geographical restriction to be applied or (b)representationsof the marks to be divided. [The i~elusionof this page is autliorized by L.N. 281200'3] mE TRADE MARKS RULES, 2001 Trade Marks Act F o r m TM7?contd. (a) These notes will help you to fill in this form. I f you need any more help or you ha* any questions,please contact the TradeMarks Registry. (b) Writeyour answers in capital leners using black ink or you may lype them. (c) I f there is not enough space for your answer to any section of this form, use separate sheets. Number each one and write on the form how many extra sheets you have used. ( d ) Once you havefilled in theform you must remember to sign anddate it. I f you are dividing a specification of goods or services then the only fee payable is the divisionfee. Ifyou are dividing a series of marks then thefillowing fees are payable: - one divisionalfee; - afresh applicationfee for each &a application created; and - any classfee ifappropriate. For information onfees and ways you can pay please contact the Trade Marks Registry. (e) You may use this form to divide a specification of goods or services, or on the basis of a geographical limitation or both, or to divide a series of marks. You cannot divide both a specijication of goods or series and a series of marks on the same form. A separate form IU7 should be completedfor dividing a series of marks. V) Section 25 of the TradeMarks Act allows for the division of an application. (Rules 15 and 1 7 of the Trade Marks Rules, 2001, also refer) This may apply,for example, where a multiclass application may not proceed because of objections arisrng qainst some of the goods or services covered by the application. In this case, the application could be divided, wifh part of the application proceeding to registration in respect of those goods or services which do not face objections, whilst the other part is held up until the objections are settled. (g) You cannot divide a registered mark. (h) Ifyour addressfor service is d~fferentfiomyour agent's, then please give us@U details of both. [The inclusion of this page is authorized by L.N. 28/2003] THE TRALlE MARKSRULES 2001 Trade Marks Act Form TM8 THE TRADE MARKS REGISTRY Request to merge either applications Trade Marks Registry or regisirations 1~ Holbom Road, Kingston 10 - 1. Your reference 2, Give details of the applications or Numbers (Lowest)Class registrations to which this request relates - 3, Full name, address and postcode of the applioant or registered proprietor - 4, Name of an agent (fapproprrote) "Address for service" in Jamaica to which all ooneapondenoe should be gent in respect of the merged application or registretion (see note(b)) 4 Declaration I confirm that theproprietor has authorrzed me to seek the merger of all the Trade Mark numbers stated above. Signature Name (block capitals) Date - Name and daytime tolephone number of perwn to contwt State number of any sheets attached to this form f [The inclusion of th'is page is authorized by L.N. 28/2003] THE TRADEM M K S RUES, 22001 Trade Marks Act Form TM8. contd. (a) These notes will help you tofill in this form. Ifyou need any more help or you haw mry questions,please contact the TradeMarks Registry. (b) Writeyour answers in capital letters usrng black ink or you may rype them. (c) If there is not enough space for yoqr answer to any sechon of this form, use separate sheets. Number each one and write on theform how many extra sheets you haw used. ( d ) Once you havePIled in theform you must remember to sign and dare it. For details offees and ways t o m please contact the Trade Marks Regishy. (e) Section 25 of the Trade Marks Act allows the merging of separate applications or registrations into a single application or registration (Rule 16 also refirs). Applications cannot be merged with registrations. V) Applications can be merged at any time before they are occepted f w advertisement and must: - have the same application dote; - be the same marks: and - be in the same ownership. Registrations to be merged must: - be the same morks: and - be the same ownership. Registered marks can be merged even ifthe registration dotes are dflerent, but the new merged registrations will be given the lotestfiling date. The renewal datefor the merged registrationwill be the one'with the btestflling date. Renewal fees for all the classes covered by the merged registration will be due on this date. (g) You may want to use this procedure, for gxample, ifan application has baen divided or a pan of a regisnation was trans$ewed legally to someone else but now returned to a single ownership. (h) rfyour addressfor service is differentfiom your agent's, then please giw usfill details of both. me includon of this page is authorized by L.N. 28/2003] THE TRADEMARKS RULES, 2001 Trade Marks Act Form TM9 THE TRADE MARKS REGISTRY Filing of regulations governing the Trade Ustlce Reeietry use of a certification or collective mark 1B Holban Road, Kingston 10 1. Your reference 2. Give details of the application to Number (Lowst)C h which regulations relates 3. Does this request relate to: (a) certification marks or ( b ) collective marks (indicate(a)or (b)as appropriate) 4. Full name of applicant 5. Name of agent (ifapplicable) "Address for service" in Jamaica to which all mmspondence should be sent (see note (g) ) Si- Name (block capitals) Name and daytime telephone number of persontocontact State number of any sheets attached to this form [The i~iclusionof this pap is authorized by L.N. 28120031 THE TRADEMARKSRULES, 2001 Trade Marks Act Form TM9, contd. (a) These notes will help you tofill in this fonn. Ifyou need any more help or you haw mry questions,please contact the TradeMarks Regisrry. (b) Writeyour answers in capital letters using black ink oryou may type them. (c) If there is not enough space for your answer to any section of this fonn, use sepamte sheets. Number each one and write on theform how many extra sheets you haw used. (d) Onceyou havejlled in theform you must remember to sign and date it. For details of fees and ways to pay, please contact the TradeMorh Regishy. (e) This form is used to file the regulationsf w a certficate or collective mark, wlthin nine months jiom the date of application. (Schedule 2 paragraph 4 a d Scheduk I paragrafi 4 of the TradeMarks Act refer). (f) You should say in section 3 of the form ifthe regulations apply to cwt@icaiion or mIIccllw marks. The regulations can refer to a number of marks, but they cannot apply to a m m r e of both certificationand collective marks. (g) ry"r addressfor service is drfferent )?om your agent's, then please gtve usfLU dotails of both. [The inclusion of this p a p is authorized by L.N. 28/2003] THE TRADEMclRKS RULES. 2001 Trade Marks Act Form TM 10 THE TRADE MARKS REGISTRY Application to amend the regulations Trade Marks Registry governing the use of a certification or 1~ Holborn Road, collective mark Kingston 10 1. Your reference 2. Give details of the applications to Number (Lowest)Class which this request relates 3. Does this request relate to: (a) certification marks or ( b ) collective marks (indicate ( a )or ( b )as appropriate) 4. Does this request relate to: ( a ) applications or ( b ) marks already registered (indicate ( a )or ( b ) as appropriate) 5. Full name of applicant 6. Name of agent (ifapplicable) "Address for service" in Jamaica to which all correspondence should be sent in respect of the merged application or registration (see note (b)) Signature Name (block capltak) Date Name and daytime telephone number of parson to contact State munber of any sheets attached to this fonn [The inclusion of this page is authorized by L.N. 28/2003] THE TRQDEIU~RKS RULES, 2001 Trade Marks Act Form T M 10, contd. (a) These notes will help you to fill in this form. Ifyou need any more help or you haw any questions,pkase contact the Trade Marks Registry. (b) Writeyour answers in capital letters using black ink oryou may type them. (c) If there is nor enough space for your answer to any section of this form, use sepamte sheets. Number each one,and write on theform how many extra sheets you have used. ( d ) Once you have j l k d In theform you must remember to sign and date it. For details o f f e s and ways to pay, pkase contact the Trade Marks Regtstty (e) This form is used when you want to amend any regularions that haw already been filed. (Schedule 2paragraph 9, andSchedule I paragraph 9, of the Trade Marks Act refsr). (fl You should say in section 3 ofthe form ifthe regulations appJy to cerhfication or collective marks. T k regulations can refer to a number of marks, but they cannot apply to a mixture of both certijcation and collective marks. (g) You should say In section 4 of +e form whether these amended regulations apply to applications or registered marks. These amendments to the regulations can refer to a number of marks, but they cannot apply to a mixture ofboth applicationsand registered marks. (h) Ifycur addr& for service is diffeentfiom your agent's, then please give usfill details of both. [The inclusion of this paye is authorized by L.N. 28/2003] THE TRADE MARKS RULES. 20001 TradeMarks Act Form TMI I THE TRADE MARKS REGISTRY Request for alteration of a Trade Marks Registry registered mark l a Holbm Road, Kingston 10 1. Yow reference 2. Give details of the registration Registration numbers (Lowest) Class this will affect 3. Full name, address and postcode of the registered proprietor 4. Details ofthe change to the n w k qthe mark is pictorial then please attach 4 copies of the amended mark here Foomote The Trade Marks Act section 41 states: the Registrar may, at the request of the proprietor, allow the alteration of a registered Trade Mark where the mark includes the proprietor's name or address and the alteration is limited to alteration of that name or address and does not substantially affect the identity of the mark. 5. Name of an agent ($applicable) "Address for service" in Jamaica to which ail correspondence should be sent in respect of the merged application or registration (see note (f )) Signature Name (block capitals) Date - N m e and daytime telephone number of penon to contact [The inclusion of this page is authorized by L.N. 28120031 THE TRADEIU~RKSRULES. 2001 TradeMarks Act Form TM I I , contd. State number of any sheets attached to this form Reminder Have you attached A copy of the mark ifappropriate? These notes ;IN help you to Jll in this form. rfyou need any more help or pu have any questions, please contact the TradeMarks Registry. Writeyour answers m capital le-rs usrng black ink oryou may type them. If there is not enough space for your answer to any section of this form, use separate sheets. Number each one and write on theform how many exlra sheetspu hove used. Once you have filled in theform you'must remember to sign and date it. For details offses and ways to pay, please contact the TradeMarks Registry. 1 Sectio 41 ( 2 ) of the Trade Marks Act allows the proprietor of a registered TradeMark to alter t mark but only where the mark includes the prqrietor 's name and address. The ahend ent must not snbatadaKy @&the iah@ of the mmk Ifyour dddress for sewice is differentfiom yaw agent's, then please give us fill detailc qf both. \8 [ l i e ~nclusionof this p a p is authorized by L.N. 2812003) THE TRADEMt2RKS RULES, 22001 Trade Marks Act Fonn TMl2 THE TRADE MARKS REGISTRY Notice to mender a regishation Trade Marks Regiatry 1B Holbom Road, Kingston 10 1. Your reference 2. Give details of the regishation Registration Number ( b w s t )Class to be surrendered 3. Full name, address and postcode of registered proprietor 4. Name of agent (ifcrppropriate) "Address for service" in Jamaica to which all correspondence should be sent (see note 0)) 5. Write here if any licensees or anyone else has a registered interest in the registration (if yes write the details on a sheet) Declaration I confirm that there are no interested pam'es in the mark or I confirm that those with a registered interest in the mark (list a t t a c h 4 haw been noMed three months prior to this form beingfiled, or that they consent to the surrender. Signature - Name (block capitals) Name and daytime telephone number of person to contad - State number of any sheets attached to this fonn of this page is authorized by L.N. 28/2003] [Tile inclusio~~ THE lRADE UARKS RULES. 2001 Trade Marks Act F o r m l?vi 12. contd ( a ) These notes will help you to fill in this form. Ifyou need any more help or you have any quesbons, please contact the Trade Marks Registry. ( b ) Write your answers in capital letters using black ink or you may W e them. (c) If there is not enough space for your answer to any section of this form, use separate sheers. Number each one and write on theform how many extra sheets you have used. ( d ) Once you havefilled in the form you must remember to sign and date it. For details of fees and ways to pay, please contact the Trade Marks Registry. ( e ) The proprietor of a regstered Trade Mark can surrender their legal rights to all or part of the goods or services for which it I S registered. (Section 42 of the Trade Marks Act r e f r s). (f) This form is used if you are g ~ v ~ nupg your legal rights to the whole Trade Mark registrahon, and you should use a separateform for each Trade Mark affected. (g) Do not use this fonn ifyou are giving up your legal rights to only some of the goods or services. Please use Form TM 13 instead. ( h ) Only one registration number is allowed on eachform. ( i ) You must tell all the people who have an interest in your mark that you are going to give up your rights in the mark 3 months beforehand, or they should consent to this. You also need to attach a list of all the interested parties to this fonn. (Section 42 of the Trade Marks Act and Rule 22 of the Trade Marks Rules, 2001 refer). rfyour address for service is different from your agent S, then please give us fill details of both. [The inclusion of this page is authorized by L.N. 28f20031 W E TRADEUllRKSRULES. 2001 TradeMarks Act Form TM13 THE TRADE MARKS REGISTRY Notice of a partial surrender of the Trade Marks Registry specification of goods or services 1B Holborn Road, for which the mark is registered Kingston 10 - 1. Your reference 2. Give details of the registration Registration Number (Lowest) Class this applies to - 3. Full name, address and postcode of the registered applicant - 4. Name of agent ($applicable) "Address for service" in Jamaica to which all correspondence should be sent (see note (n) 5. Goods or services to be surrendered If the goods or services to be surrenderedfall in more than one Class then they should be listed by Class - 6. Write here if any licensees or anyone else has a registered interest in the registration (ifyes write the details on a separate sheet) Declaration I confirm that there are no interested parties in the mark or I confirm that those with a registered interest in the mark (list attached) hove been notified three months prior to this form beingfiled, or that they consent to the Surrender. [The inclusion of this page is authorized by L.N. 28120031 THE TRADE UllRKS RULES, 2001 Trade Marks Act Form TM13, contd Signature Name (block capitals) Date Name and daytime telephone number of person to contact State number of any sheets attached to this form ( a ) These notes will help you to fill in this form. Ifyou need cmy more help or p u haw any questions, please contact the Trade Marks Regishy. (b) Writeyour answers in capital letters using black inkor you may type them. (c) If there is not enough space for your answer to any section of this form, use separate sheets. Number each one and write on the form how many extra sheets you have used. ( d ) Once you havefilM in thefirm you must remember to sign and date it. For details of fees and ways to pay, please contact the Trade Marks Regishy. ( e ) The proprietor of a registered Trade Mark can surrender their legal rights to all or part of the g o d s or services for which it is registered. (Secflon 42 of the Trade Marks Act refers). fl This form is used ifyou are giving up your legal rights to only some of the goods or services; and you should use a separate form for each trade mark affected. (g) Do not use this form ifyou are giwng up your legal rights to the whole of the registration. Please use Form TM 12 instead. ( h ) Only one registration number is allowed on eachform. ( I ) You must tell all thepeople who have an interest in your mark that you are going to give up some of your rights in the mark 3 months bgorehand, or they should consent to this. You also need to attach a list of all the interestedparties to thisform. (Section 42 o f the Trade Marks Act and Rule 22 of the Trade Marks Rules, 2001 refer). 6) Ifyour address for service is d~ferentlfromyour agent's, then please give us $11 details of both. [rile inclusion of this page is authorized by L.N. 28120031 THE W E MARKS RULES, 22001 Trade Marks Act Form TM14 THE TRADE MARKS REGISTRY Renewal of registration Tla& Mules Regi* le Holban Road, Kingston 10. 1. Your reference 2. Registration number 4. Full name of registered proprietor 5. Give the following details of the registration to be renewed Due date of renewal The classes to be renewed (rf you are not renewing all of them) Amount of renewal fee Amount oflate payment fee (ifappropriate) Total amount paid 6. Full name. address and postcode of the person the certificate should be sent to - Name (blockcapitak) Date ...- Name and daytime telephone number of person to wntact -. -- State number of any sheets attached to this form of this page is natl~orizedby L.N. 28120031 ('111~i~ich~rion THE TRADE MARKS RULES, 2201 TradeMarks Act Form TM 14, contd. ( a ) These notes will help you to fill in this form. Ifpneed any more help or p u h m any questions,please contact the TradeMarks Registry. ( b ) Writeyour answers in capital letters using black ink o r p may type them. ( c ) If there is not enough space for your answer to any section of this form, use sepomte sheets. Number each one and wnte on theform how many extra sheets you have used. (d) Once you havefilkd in theform you must remember to sign and date it. For details offees and ways to pay, please contact the Trade Marks Registry ( e ) Ifyou want to renew a multiclass registration you must send a fee for each class of goo& or services. You may chose to renew only those classes which y m retain an interest in. V) The request for renewal must be made, and the renewal fie paid, befare the erprry of the registration. Failing this ifthe request is made and thefiepald within 6 months then the mark may be renewed but an additional renewal fee will be p ~ a b l e . (Section 40 of the TradeMarks Act refers). (g) Ifyou have not renewed the regrslratton wdthln the six months pnod rmmsdlate& qPsr exprry (see (f) ) above you haveafurther SIX months in whrch fo reqwst tb rusIoratlov af the regrstratlon of form TMl5 and pay the appropriate fee. Applioations fw ruatarafion wrll not be accepted fthey are recaved by the Regrstrar more than twelve months &r the date of expry. (Rule 25 of the TradeMark Rules, 2001 rqerg). ( h ) You must senda separateform for each TradeMarkNumber. p e inclusion of this page is authorized by L.N. 2812003) Trade .\larks Act Form T511 S THE TR.4DE 5I.lRI;S REGISTRY Request for the restoration and renewal Tra& Marks R c g i s e of a regislration removed from the register I B Holbom Road because of non-pa>ment of the renewal fee Kingston 10. 1. Your reference 2. Gi\x details of the registration Registration Sumber Class(es) registered prior to expiry 3. Classes (!f j'ou are not renewng all ofthem) 4. Full name. address and postcode of the registered proprietor 5. Full name. address and postcode of applicant for restoration and reneual (lf d~flerentfrom 4 above) 6. Same of agent (rfapproprrate) "Address for smice" in Jamaica to which all correspondence should be sent (see note Cf) ) Signature Same (blockcaprtals) Date Name and daytime telephone number of person to wntad State number ofany sheets attached to this form Reminder You con opply to restore o registrotron on this form ofer 6 months of the mork hovrng exprred bur not lorer thon 12 months. I n ~ e~ I I C ~ L I S ~ O IofI this page i s a u t l l o r i z d hy L.N. 211120031 Form TSL 15. contd. ( a ) These notes will help you i o f i l l in ihis,form. I/'yolc need any }nore help or $WIIhaw uny quesfrons. please contact the 7iade Marks Registry. (b) Rhre your answers m caprtal lerters uslng hlack ink o r you may type t h r n ~ , (c) I/ [here is nor enough space ,/br your answer to uny secrion o/ rh~s,/bnn. use sepumte sheers. .Vutnber each one and write on the,form how many extra sheetsyoii how wed. (4 Once you hawfilled in the/ormyot~midst remember io s i p ond date it. Iaor detail$ offiecls and ways to pay, please contact the Trade .\larks Reg~srr). (e) If you have not renewed the regrsfraiion within the six tuonths penod a/?er the dote 01. upir)., you have another srx tnonrhs ro repesi the wvtorution ($the regrsrrarron hy fllmng Ebrm 7iCfl4 along with t h ~ sone and hy sendinx t1.r the J&s. We w111 not uccCspt applications to restore the re~lsrrarionofkr i w l r w months ,/?om the dare of tcrprr): (Section I 0 of t k Trade Mark.r A d cmd Rule 2.5 of the l'rude Mark H~cles.2001 refir). (fl 1fy011r uddrexs for service I S d~flereni,frotnyour ugent 's, then p1ea.w XI\W us,/icll deitrils of both. Trade Marks Act Form TII 16 THE TR.ADE .\LARKS REGISTRY .Application for the revocation or rectification Trade Marks Registn. of a registration or for it to be declared invalid I B H o I b m Road Kingston 10. I. Your reference 2. Give details of the registration for. Sumber (Lowest) Class which revocation rectification or invalidity is sought 3. Is this request for (0) revocation or ( h ) rectifiution or ( c ) invalidity (rndrcute (0). ( h )or ( c )us upproprrafe) 4. Full name of the registered proprietor 5 . Full name. address and postcode of applicant for revocalion rectification or invalidih - 6. Same of agent (rf'appbcabb) -'.Adkss for senice'. in Jamaica to which all ~wrrespondenceshould be sent (see note ( b )) - Declaration I do declare that there is no action concerning the registration pendrng in the courts Name (block capitals) Name and daytime telephone number of person to contact Stale number of anv sheets attached to this form II11c II~CIIISIOII of 1111spage Is authorized hy L N 2812003) THE TRADEIWRKSRULES, 2201 Trade Marks Act Fcim TM 16. contd. Reminder Have you attached a statement of case (which must accompany this form) 0 the grounds for the revocation, rectification or invalidity applied for must be included in the statement of case NOTES These notes will help you to fill in this form. Ifyou need any more kelp or JOIL haw my questions,please contact the TradeMarks Regisny. Wiite your answers in capital k m r s using black ink or you may type them. If there is not enough space for your answer to any section of this form, use sepamte sheets. Number each one and write on theform how many tpma sheets you how used. Onceyou havefilled in theform yolc must remember to sign and date it. For details offees and ways topay,please contact the TradeMankc Regisny. Thisform is used to request the revmation or rechj'ication of a registration. %mgis&red mark can be revoked,fir eu7mple. on the grounds of invalidtry or tftt is not betng used. The registration can also be reefifled because of an error, (sections 44, 46 and 62 ofthe TradeMarka Act refer). Ifprhedings concerning the Tra& Mark m e uwiting to k dealt m'th in aoyrt, you must apply to the court. TheRegistrar may refer an applicationfor rByoootion to the court at any stage Ifyour addressfor service is dlffemntfiom p u r agent's, thenplmse give usfill detot& of both. - . - - -.- [The inclusion of this page is authorized by L.N. 28120031 THE TRADEUARKSRULES,2001 Trade Marks Act Form TM17 THE TRADE MARKS REGISTRY Application to intervene m proceedings for Trade Marks Registry revocation or rectification of a registration 113 Holbam Road. Kingston 10. 1. Your reference 2. Give details of the registration No. (Lowest)CLass Revoation No. this will affect ( r f applicable) 3. Full name and address of registered proprietor 4. Full name, address and postcode of applicant for intervention 5. Name of agent (ifappropriate) "Address for service" in Jamaica to which all correspondence should be sent m respect of the merged application or registration (see note ( f ) ) Name (block capitals) Date Name and daytimetelephone number of person to contact State number of any sheets attached to this form Reminder Have you attached 0 the grounds for y w r applicaffon to intervene? [The inclusion of this page is authorized by L.N. 28120031 THE TRADE AkLRCSRULES, 2001 Trade Marks Act Form TM17,contd. (a) These notes will help you to fill in this form. Ifyou need any more help or jvu haw any questions,please contact the TradeMarks Registry. ( b ) Wnte your answers in cap~taletters usrng black ink or you may type them. (c) If there is not enough space for your answer to any sechon of thrs form, use separate sheets. Number each one and wnte on theform how many extra sheets you have used. ( d ) Once you havefilled in theform you must remember to sign and date it. For details offees and ways to pay, please contact the TradeMarks Regisby. ( e ) This form is used ffyou have cause to interoene in proceedings for the revocation or rechjkation of the registrationof a trade mark. (fl Ifyour addressfor sewice is diferentfiom your agent's, then please give usfill details of both. [The inclusion of this page i s authorized by L.N. 28/2003] THE TRADEMclRKS RULES,2001 Trade Marks Act Form TM 18 THE TRADE MARKS REGISTRY Application to record or cancel a registrable Trade Marks Registry transaction or memoranda relating to a Trade 1B Holbm Road, Mark,but not an assignment or licence Kingston 10. 1. Your reference 2. Give details of the registration Registration No. (Lowest) Class this will affect 3. Full name, address and postwde of registered applicant - 4. Full name, address and postcode of the person recorded, or to be recorded, as having an interest in the registered Trade Marks shown above 5. Name of agent (fapplicable) "Address for'%ervice" in Jamaica to which all correspondence should be s e a (see note ( b )) 6. Details of the transaction or memoranda to be recorded or cancelled 7. Signature of the registered proprietor (or his or her representative) Signature Name (block capitals) Date [The inclusion of this page is authorized by L.N. 28/2003] THE TRADE MIRKS RULES, 200 I TradeMarks Act F o r m TM 18, contd. 8. Siguelure of the person shown ai ssction 4 overleaf (or his or her representative) Signature Name (block capital) Date Name and daytime telephone number (ofperson compleffngthisform) State number of any sheets attached to this form (a) These notes will help you to fill in thrsform. Ifyou need any more help or you haw any questions,please contact the Trade Marks Regisrry. (b) Writeyour answers in capital letters using black ink or you may type rhem. (c) If there is not enough space for your answer to aqy secffon of this form, use separate sheets. Number each one and write on theform how many &a s h e e t s 9 hovo used. (d) Once you havajlkd in theform you must remember to sign and date it. For details of fees and ways to pay, pkase contact the TradeMark Regisfry. (e) Section 30 ofthe TradeMarksAct andRule 28 of the Trade Mark Rules, 2001 a l h vfor a person who claims to haw an interest in. (or under) a registered mark to apply to haw the details of that claim enteredonto theRegister. This claim mpy stemfiom: s the person being granted the mark as a security interest. or any right in or under it; s the makfng by personal representatives of an assent for the m& or any right in or under it; or s a court or other competent authority han@erriing rhe mark, or any right in or under it. Such a right may also be amended or removed. In the case ofiransjkning your logal rights to someone eke, please ~ueFormTM19. (g) To record a kcence,pkase use Form T W O . (h) ryour addressfor m ' c e is drfferentfiomp r agent '3, then pkase give w fill &ails qf both. [The inclasim of this page is authorized by L.N. 28/2003] THE TRADE MARKS RULES,22001 Trade Marks Act E m TM19 THE TRADE MARKS REGISTRY Application to register a change of proprietor Trade Marks Regishy 1~ Holbam Road, K i p t o n 10. 1. Your reference 2. Give details of the applications or Number (Lowest) Claas registrationsfor which a change in ownership is to be recorded 3. Full name of current registered proprim 4. Full name, address and postcode of new proprietor 5. If the new proprietor is a corporate body, give country or state of incorporation If the name of the newproprietor is the same as the old proprietor, then provide both the new and old company registration numbers 6. Date new proprietor took over ownership 7. If only part ofthe ownership kss been transferred give the rights or goods or servicestransferred 8. Name of agent (if appropriote) "Address for service" in Jamaica to which all anrespondence should be sent (see note (g)) 9. Is the agent or address for service above authorized for: (a) the new proprietor in all aatters? or (b) this action only? (indicate ( a )or ( b ) as appropriote) [The inclusion of this page is authorized by L.N. 28120031 THE TRADEMARKSRULES. 2001 Trade Marks Act Form TM19,contd. 10. Provide below an authorization to the change in ownership, or send us separate documentary evidence Where the change of proprietor is effected by an instrument chargeable with duty under any enactment relating to stamp duty, the instrument has been duly stamped Signrtute of the registered proprietor (or his or her representative) Status of Signatory Name (blockcapitals) Date Silplrture of the new proprietor (or hfsor her representative) Status of Signatory Name (block capitals) Date Name and daytime telephone number (ofperson completing this form) Stato number of any sheets attached to this form Have you attached documentary evidence ifapproprfate? proof ofpayment of the stamp duty Ifappropriate? [The i~rlusionof this page is authorized by L.N. 28120031 THE TRADEUARKSRULES, 2001 Trade Marks Act Form TM19:contd. ( a ) These notes will help you to fill in this form. Ifyou need any more help or p u haw any questions,please contact the TradeMarks Registry. ( b ) Writeyour answers in capital letters using black ink or you may type them. ( c ) If there is not enough space for your answer to any section of this form, use separate sheets. Number each one and write on theform how many extra sheets you have used. ( d ) Once you havefilled in theform you must remember to sign and date it. For details offees and ways to pay, please contact the TradeMarks Registry. ( e ) This form is used to register a change of proprietor (as allowed for under section 27 of the Trade Marks Act). The signature of the last proprietor (or his or her representative or executor) is required on the form. I f you cannot do this, please send us documentary evidence to support the change ofproprietor. fl If this change in proprietor attracts stamp duty then the declaration at section 10 must be signed. Alternatively proofof payment of the duty must be shown to the Registrar. (Rule 30 ofthe Trade Marks Rules 2001 refers). (g) Ifyour addressfor service is differentfiom your agent's, then pleasegive us full details of both. [The inclusion of this page is authorized by L.N. 28120031 THE TRADE UARKS RULES, 2001 TradeMarks Act Form TM2O THE TRADE MARKS REGISTRY Application for the registration of a Trade Marks Registry Licensee fur a registered Trade Mark 1~ Holborn Road, Kingston 10. 1. Your reference 2. Give details of the registrations Registration numbers (Lowest)Class you want a licensee recorded against 3. Full name, address and postcode of the registered proprietor 4. Full name, address and postcode of the licensee 5. (a) Date licence starts (b) Date licence ends (ifany) 6. Is the licence to be exclusive 7. Is the l<cence to be registered for all goods or services for which the mark is registered? If no state which goods or services or limited geographical area the licensee will be recorded against in each case 8. Name of agent (ifappropriate) "Address for service" in Jamaica to which all correspondence should be sent (see note (1)) 9. Signature of the registered proprielor or granlor (or his or her repreoentative) [The inclusion o f this page is authorized by L.N. 2812003) THE TRADE MARKS RULES. 20001 Trade Marks Act Form TMZO, contd. 10. Signature of the new licensee (or his or her representative) Signature Name (block capitals) Date - Name and daytime telephone number of person completing the form State number o f any sheets attached to this form (a) These notes will help you tofill in this form. Ifyou need any more help or you may haw any questions,please contact the Trade Marks Registry. (b) Writeyour answers in capital letters using black ink or you may type them. ( c ) If there is not enough spacefor your answer to any section of thisform, use separate sheets. Number each one and write on theform how many &a sheets you have used. (4 Onceyou havefilled in the form you must remember to sign and date it. For details of fees and ways to pay, please contact the Trade Marks Regishy. (e) This form is used to record details of o licence granted by the proprietor of a trade mark. (Sections 28, 29 and 30 of the Trade Marks Act refer). (f) You shouldgive the start date of the licence and the end date ifappropriate. (g) I f the licence is for pan of a trade mork only, please give a descri$ion of the goods or services which the licence will apply to. (h) The form should be signed by both the proprietor of the trade mark and the licensee (or their representatives), or the licensee and the sub-licensee (or their representatives) (i) I f your address for senice is drfferentfiomyour agent's, then pleasegive usfill details of both. [Vie inclusion of this page is authorized by L.N. 28120031 THE TRADE MARKS RULES. 2001 Trade Marks Act Form TM21 THE TRADE MARKS REGISTRY Application to remove or Trade Marks Registry amend a licence 1~ Holborn Road, Kingston 10. 1. Your reference 2. Give details of the registrations Nos. (Lowest) Class Licensee Nos. affected 3. Full name of the registered proprietor of the regisbations shown above 4. Full name of the licensee of the registrations shown above whose licence will be removed a amended 5. Show whether the applicant is (a)the registered proprietor or ( 6 ) the licence holder ' (indicate ( a )or ( 6 )as appropriate) 6. Name of agent (fapplicable) "Address for service" in Jamaica to which all correspondence should be sent (see note (g)) 7. Write below details of the removal or amendment 8. Signature of applicant (or his or her representative) Name (block capitah) Date 9. If you want to alter the terms of the licence and you are NOT the proprietor or @or, the proprietor a grantor must sign here (or his OT h a representative) [The inclusion of his page is authorized by L.N. 2812003] W EW EMARKS RULES. 2001 Trade Marks Act Form TM2 I , contd. Name and daytime telephone number of person to contact State number of any sheets attached to this form ( a ) These notes wrll help you to $11 in this form. Ifyou need any more help or you may hcrve any questions,please contact the Trade Marks Registty. ( b ) Writeyour answers in capital letters using black ink oryou may type them. (c) If there is not enough space for your answer to any section of this form, use separate sheets. Number each one and write on theform how many extra sheetsyou have used. (4 Onceyou havejlled in theform you must remember to sign and date it. For detaik offees and ways to pay, please contact the TradeMarks Registry. (e) Thisform is used f a n misting licence of a Trade Mark is removed or amendad. (Section 30 of the TradeMarks Act refers). V) Ifyou are the licensee you must get the registered proprietor of the Trade Mark or the grantor to sign theform (or their representative). (g) I f your address for service is differentfrom your agent's, then please give usftll details of both. [The inclusion of this p a p is authorized by L.N. 28120031 THE TRADE MAJXSRULES. 2001 TradeMarks Act Form TM22 THE TRADE MARKS REGISTRY Request for Registrar's general certificate Trade Marks Registry 18 Hdborn Road, Kingston 10. 1. Y ow reference 2. Give details of the applications or Numbers (Lowest)Class regietrations which the certificates are for 3. Doyou want: (a) certificates showing when the merlcs are registered? or ( b ) certificates &owing the current W s ? (for example for convention documents) - or (c) a p e d requirements? (indicate(a), (b) or (c) and provlde details as appropriate) 4. Write heae if the certificates are for use in legal proceedings -,... . 5. If the certificates are for obtaining registrations abroad, list the countries which you need the dficutes for 6. Full name, address and postcode to whichthe certificates should be sent Signature Name (block capitals) Date Name and daytime telephone number of person to contact State number of any sheets attnched to this fonn [The irclilsio~~ of Illis page is authorized by L.N. 28/2003] THE T m E MARKSRULES, 2201 Trade Marks Act Fom TM22,contd. ( a ) These notes will help you tofill in this form. Ifyou need any more help or you may h a w any questions, please contact the Trade Marks Registry. ( b ) Writeyour answers in capital letters using black ink or you may type them. ( c ) If there is not enough space for your answer to any section of this form, use separate sheets. Number each one and write on theform how many extra sheets you have used. ( d ) Once you havefilled in the form you must remember to sign and date it. For details offees and ways to pay, please contact the Trade Marks Registry. (e) This form is used to get a general certificate from the Registrar concerning the details o f a Trade Mark. You might need a cerrificate to prow you have made an application, or have a registration, in Jamaica, or in legal proceedings. (Rule 32 ofthe Trade Marks Rules, 2001 refers). It) Ifyou are going to use the cerhjicate in obtaining registrations abroad, you must list the country or countries, so that the certificate may be prepared in the right way. [The i~iclusion of this page is authorized by L.N. 28/2003] THE TRADE M S RULES, 2001 Trade Marks Act Form TM23 THE TRADE MARKS REGISTRY Request for information about Trade Marlcs Registry applications and registered marks 1B Holborn Road, Kingston 10. 1. Your reference 2. Give details of the applications or Number (Lowest)Class registrations to which this request relates 3. Indicate for which category or categories of events you require notification (A ro H as detailed below) (A separate fee ispayable for each category indicated) Category You will be notified of: A application advertised or withdrawn, refused or deemed abandoned before advertisement B current or h e formal opposition filed against a new Trade Mark application C application registered or withdrawn, refused or abandoned after advertisement D unpaid renewal E registration renewed or expired F h l l surrender or successful revocation resulting in the removal of a mark h m the register G assignment application received H assignment in full or partial assignment 4. If your request is for an event not listed in 3, give details here 5. Full name and address and postcode to which notifications should be sent Signahre Name (block capitals) Date [The inclusion of this page is authorized by L.N. 28120031 THE TRADEIU~RKS RULES, 2001 TradeMarks Act Form TM23,contd. Name and daytime telephone number of, person to contact State number of any sheets attached to this form Reminder Have you attached 0 a separate fee for each category you have indicated? ((0 These notes will help you to fill in thisform. Ifyou need any more help or you may hove any questions, please contact the TradeMarks Registry. ( b ) Writeyour answers in capital leners using black ink or you may rype them. ( c ) If there is not enough spacefor your answer to any section of this form, use separate sheets. Number each one and write on theform how many extra sheets you have used. (4 Once you hawfilled in theform you must remember to sign anddate it. For details offees and ways to pay, please contact the TradeMarks Regisby. ( e ) Since the Trade Marks Register is a public record, anyone can ask to be told about any action on any application or registration. Theform lists the categories which you can be notified about. V ) A separateform should be used for each TradeMark number. (g) A separatefee ispayablefor each categoryyou want to be notified of: [The i~lclusion of this page is authorized by L.N. 28120031 THE TRADEMARKSRULES,2201 Dude Marks Act THE TRADE MARKS REGISTRY Request to the Registrar for a Statement Trade Marks Regimy of p u n d s of decision IB Holbom Road, King8tm10. 1. Your refaace 2. Give details of the application or Number (Lowest)Class regilleationto which this request relates 3. Date of Registnu's decision 4. Full m e , address of applicant or agent makingthe request Signature Name (blockcapltalp) Name and daytime telephone numbet of person to contact state 1111111ber of my sheets attached to this form [The bcli~sionof this psEe is authorized by L.N. , 2812003] THE TRADE MARKS RULES, 2001 Trode Morks Act Form TM24,contd. ( a ) These notes will help you tofill in this form. Ifyou need any more help or you may how any questions, pleose contact the TrodeMarks Registry. ( b ) Writeyour onswers in copital letters using black ink or you may rype them. ( c ) If there is not enough space for your answer to any section of this form, use separote sheets. Number eoch one and write on theform how many extra sheets you how used. ( d ) Once you hove filled in the form you must remember to sign and date it. For detoils offees and ways to poy, please contoct the Tmde Morks Registry. (e) Ifyour applicotionfor a Trode Mark is refusdyou con osk the Regrstrcrrfor o stotement of grounds of the decision within one month of the dote on which the decision wos sent to you. [The inclusion of this paye is authorized by L.N. 2812003) THE i'7L4.DE MRRKS RULES. 2001 Trade Marks Act Form TM25 THE TRADE MARKS REGISTRY Request for an extension of Trade Ma&s Registry time on an application 1~ Holbom Road, Kingston 10. 1. Your refaence Registry reference 2. Give details of the application to Number (Lowst) Class which this request relates 3. Give the period of further time required in months 4. Give the reasons for this request 5. Full name of applicant 6. Name of agent (ifappropriate) "Address for service" in Jamaica to which all correspondence should be sent (see note (f) ) Signature Name (block capitals) Date Name and daytime telephone mnnber of pcraontooontacl State number of any sheets attached to this form [The inclusion of this page i s authorized by L.N. 28120031 l E E TRADE MARKSRULES, 20001 TradeMarks Act Form TM25,contd. (a) These notes will help you tofill in thisform. Ifyou need any more help or you may haw any questions,please contact the TradeMarks Regishy. (b) Writeyour answers in capital letters using black ink or you may Vpe them. (c) I f there is not enough space for your answer to any section of this form, use separate sheets. Number each one and W e on theform how many extra sheets you haw used. (d) Once you havefilled in theform you must remember to sign and date it. For details offees and ways to pay, please contact the TradeMarks Regishy. (e) You should use thisform ~ r y o uwant an extension of time as provided for in Rule 54. (f) If your addressfor service is d~ffientfiom your agent 's, then please gfve usficll details of both. m e inclusion of this page is authorized by L.N. 28/2003] mi%TRADE MARKSRULES, 2201 TradeMarks Act Form TM26 THE TRADE MARKS REGISTRY Notice under Schedule 3, paragraph 10 (2) Trade M.llce Registry of the Act: Claim to have registmbiliy of a 1B Holbom Rod, mark applied for before 3rd September, 2001 Kingdon 10. determined under the Act (conversion of application) 1. Your reference 2. Give details of the application Number Clrn made under the Trade Marks Act, 1958 3. Full name, address and postcode of the applicant 4. Name of agent (ifappropriate) "Address for service" in Jamaica to which all conespondence should be sent (3ee note (b)) I claim to have the regiskabilityof the u d c determined in accadance with the prov~ioos of the Trade Maks Act. I ackmwlodgethis notice is irrevocable. Name (block cap1tab) Name and daytimetelephone numbex of prmonto- state number of any sheets aaached to this form [The inclusion of this page is authorized by L.N. 28'20031 THE TRADEMclRKS RULES, 22001 Trade Marks Act Fonn TM26, contd. Reminder You cannot amend a mark under the 1999 Act. If you want to amend the mark you must file Fonn TM6 before or with this form. The new filing date of your converted application will be on the 3rd September, 2001 which is the commencement date of the 1999 Act (a) These notes will help you to fill in this form. Ifyou need any more help or you h any questions,please contact the TradeMarks Registty. (b) Writeyour answers in capital letters using black ink or you may lype them. (c) If there is not enough space for p r answer to any section of this form, use sepomte sheets. Number each one and write on theform how many extra sheets you hove used. ( d ) Once you havefilled in theform you must remember to sign and date it. For details offeeJ and ways to pay, please contact the TradeMarks Registty. (e) Thisform is used to convert on application made under the Trade Marks Act, 1958 so that it is considered under the provisions of the Trade Marks Act, 1999. fl You cannot srgnrficantly amend a mark under the Trade Marks Act, 1999. (Section 23 refers). If you want to amend the mark y m should send us form llMd b e f m or mth this form, so that the mark can be amended before it is converted. Cg) You should be aware that converting your application will only be a h w d within six months of the start of the TradeMarks Act, 1999 which is the 3rd September, 2001. Any priority date more than 6 months before this date will thersfore not apply to the converted case. Once the application has been conwrted it is irrevocable. (h) If your addressfor service is differentporn your agent's, then please give us full details of both. [The inclosioa of this page is authorized by L.N. 28/2003] THE TRADE M4RKS RULES,2001 TradeMarks Act THIRD s-ULE (Rule 7) Classifrcarion of Goods Class 1 Chemical substances used in manufacture, photography, or philosophical research and antimsives. Class 2 Chemical substances used for agricultural, horticultural, veterinary and sanitary purposes. Class 3 Chemical substancesprepared for use in medicine and pharmacy. Class 4 Raw, or partly prepared, vegetable, animal, and mineral substances used in manufacture, not included in other Classes. , Class 5 Unwrought and partly wou& metals used in manufacture. Class 6 Machinery of all kinds, and parts of machinery, except agricultural and horticultural machines and their parts included in Class 7. Class 7 A g r i c u W and horticultural machinery, and parts of such machinery Class 8 Philosophical instruments, scientific instruments, and apparatus for purpom, instruments and apparatus for teaching Class 9 Musical instruments. Class 10 Class 11 Instrumcnta, clppantus and contrivances, not medicated, for surgical or curative purposes, or in relationto tbe health of men or animals. [The inclusion of this page is authorized by L.N. 2812003J THE W EUARKS RULES, 2001 Trade Marks Act THIRD SCHEDULE, contd. Classijcation of Goods Class 12 Cutlery and edge tools. Class 13 Metal goods, not included in other Classes. Class 14 Goods of precious metals and jewellery, and imitations of such goods and jewellery. Class IS Glass. Class 16 Porcelain and earthenwan. Class 17 Manufachlre fimn mineral and other substances for building or decoration. Class 18 Eagineering, architechuel, and building contrivances. Class 19 Arms, ammunition, and stores not included in Class 20. Class 20 Explosive substances. Class 21 Naval architaaual amlrivances and naval equipment not included in other Chaos. C h s 22 carriages. Class 23 (a) Coam Yam (b) Scwiagcattoa. [ n e inclusion of this page is authorized by L.N. 28120031 RULES,2001 THE T W E IU~RKS Trade Marks Act contd.

THIRD SCHEDULE, Class 24 Cotton piece goods. Class 25 Cotton goods not included in other Classes. Class 26 L i e n and hemp yarn and thread. Class 27 Linen and hemp piece goods. Class 28 Linen and hemp goods not included in other Classes. Class 29 Jute yams and tissues, and other articles made ofjute, not included in other Classes. Class 30 Silk, spun, thrown, or sewing. Clrss 3 1 Silk piece goods. Class 32 Silk goods not included in other Classes. Class 33 Yams of wool, worsted or hair. Class 34 Cloths and tufts of wool, worsted, or hair. Class 35 Woollen and worsted and hair goods, not included in other Classes. Class 36 Carpets, floor-cloth and oil cloth ', [The inclusion of this page is ar~thorizedby L.N. 28/2003] THE TRADE MARKSRULES. 2001 Trade Marks Act THIRDSCHEDULE, contd. Class 37 Leather, skins unwrought and wrought, and articles made of leather not included in dhg Classes. Class 38 Articles of clothing. Class 39 Paper (except paper hangings), stationery and bookbinding. Class 40 Goods manufactured from India-mbber and gutta-percha not included in other Classes. Class 41 Furniture and upholstery. Class 42 Substances used as food or as ingredients in food. Class 43 Fermented liquors and spirits. Class 44 Mineral and aerated waters, haturd and artificial, including ginger beer. Class 45 Tobacco. whether manufactured or unmanufactured. Class 46 Seeds for agricultural and horticultural purposes. Class 47 ( Candles, common soap, detagents; illuminatinp, heating, or lubricating oils; matches; and starch, blue, and other preparations for laundry purposes. C1Pcrs 48 Perfurnay (iochdiog toile4 d c l o s , prrplstionsfor the teeth and hair, and perfumed soap). [The i~rlu*onof hie page is authaiad by L.N. 28120031 THE TRADE MARKS RULES,2001 TradeMarks Act IMRDSc-mE, contd. Class 49 Games of all kinds and sporting articles n d included in other Classes Class 50 Miscellaneous:- (1) Goods manufactured fiom ivory, bone or wood, not included in other Classes. (2) Goods manufactured from straw or grass, not included in other Classes. (3) Goods manufactured from animal and vegetable substances, not included in other Classes. (4) Tobacco pipes. (5) Umbrellas, walking sticks, brushes and combs for the hair. (6) Furniture cream, plate powder. (7) Tarpaulins, tentq rick-cloths, rope (jute or hemp), twine. (8) Buttons of all kinds other than of precious metal or imitations thoreof. (9) Packing and hose. (10) Other goods not included in the foregoing Classes. [The inclusion of this page is authorized by L.N. 28120031 THE TRADEUARKS RULES, 2201 Trode Morks Act FOURTHSCHEDULE (Rule 7) Cbssificorion of Goods Class 1 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry, unprocessed artificial resins, unprocessed plastics; manures, fue extinguishing compositions, tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. Class 2 Paint, varnishes, lacquers, preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. Class 3 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks. Class 5 Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin, fungicides, herbicides. Class 6 Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks, non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other Classes; ores. Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors. Class 9 Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), lifesaving and teaching apparatus and instruments; apparatus for recording, trammission or reproduction of sound or images; magnetic data carriers, rermding discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fue- extinguishingapparatus. Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth, orthopedicarticles; suture materials. Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes. C h 12 Vehicles; apparatus for locomotion by land, air or water. Clans 13 Firearms; ammunition and projectiles; explosives; fireworks. Class 14 Recious metals and their alloys and goods in precious metals or coated therewith, not included in other Classes; jewellery, precious stones; h a o l o g i d d chronometricinstruments. [The inclusion of this page is authorized by L.N. 28120031 THE TWLIE MARKS RULES. 2001 Trade Marks Acl

FOURTH SCHEDULE, contd. Class I5 Musical instruments Class 16 Paper, cardboard and goods made from these materials, not included in other Classes; printed matter; bookbinding material; photographs; stationery: adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and ofice requisites (except furniture); instructional land teaching material (except apparatus); plastic materials for packaging (not included in other Classes); playing cards, printers' type; printing blocks. Class Rubber,. gutta-percha, gum, asbestos, mica and goods made @om these materials and not included in other Classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal. Class Leather and imitations of leather, and goods made of these materials and not included in other Classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. Class 19 Building materials (non-metallic); non-metallic rigid pipes for building, asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal. Class 20 Furniture, mirrors, picture fkames; goods (not included in other Classes) of wood, cork, reed, cane, wicker, horn, bone, ivoyy, whalebone, shell, amber. mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics. Class 2 1 Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint bnrshes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware no? included in other Classes. Class 22 Ropes, strings, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other Classes); padding and stuffmg materials (except of rubber or plastics); raw fibrous textile materials. Class 23 Yams and threads, for textile use. Class 24 Textiles and textile goods, not included in other Classes; bed and table covers. Class 25 Clothing, footwear, headgear. Class 26 Lace and embroidery, ribbons and braids; buttons, hooks and eyes, pins and needles; artificial flowers. Class 27 Carpets, rugs, mats and matIing, linoleum and other materials for covering existing floors; wall hangings (non-textile). Class 28 Games and playthings; gymnastic and sporting articles not included in other Classes; decorations for Christmas trees. Class 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked h i t s and vegetables; jellies, jams, h i t sauces; eggs, milk and milk products; edible oils and fats. [Tlie inclwion of this paBe is authorized by L.N. 28120031 THE TRADE MARKS RULES, 2001 Trade Marks Act Class 30 Coffee, tea, caeoa, sugar, rice, tapioca, sago, artificial coffee; flour and prepa~lttiottsi n d e from c e r d s , head, psky eenkctieftzry, h, honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. Class 3 1 Agricultural, horticultural and forestry products and grains not included in other Classes; live animals; fresh h i t s and vegetables; seeds, natural plants and flowers: kodstuffs for animals, malt. Beers; mineral andaerated waters and ather non-alcohalic d r i n k s , M drinks and fruit juices; syrups and other preparations for making beverages. Class 33 Alcoholic beverages (except beers). Class 34 Tobacco; smokers' articles; matches. Class 35 Advertising; business management; business administration; ofice fbnotions. Class 36 Insurance: financial affairs., monetary affairs, real estate affairs. Class 37 Building construction; repair; installation services. Class 38 Telecommunications. Class 39 Transport; packaging and storage of goods; travel -gem& Class 40 Treatment of materials. Class 41 Education; providing of training, entertainment; sporting and cultural activities. Class 42 Providing of food and drink, temporary accommodation; medical, hygienic and beauty care; veterinary and agricultural services; legal services; scientific and indudat research; co&uter & m u m i n s smyicesthat cannot be clqsified in other Classes. [The inclusion of this page is authorized by L.N. 28120031