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Trade Marks Journal No. 040/2010<br />

Page No. xxiv<br />

Amendments to the Trade Marks Act, the Trade Marks Rules and the Trade Marks<br />

(International Registration) Rules (Circular No. 17/2007, dated 7 May 2007)<br />

The Trade Marks (Amendment) Act 2007, the Trade Marks (Amendment) Rules 2007 and<br />

the Trade Marks (International Registration) (Amendment) Rules 2007 have been gazetted<br />

and will come into force on 2 July 2007.<br />

The (Amendment) Act and (Amendment) Rules can be purchased at SNP Corporation Ltd<br />

(www.snpcorp.com/webshop/).<br />

Trade Marks (Amendment) Rules 2007<br />

The following is a summary of some of the amendments in Trade Marks (Amendment)<br />

Rules 2007:<br />

(a) Rule 17 : Division of applications for registration<br />

An application for registration may be divided, at the request of the applicant, into 2 or more<br />

separate applications for registration. The request for division is to be made on Form TM 8<br />

and a fee of $280 is chargeable for each new divisional application created.<br />

(b) Rule 22 : Amendment of application<br />

Form TM 27 (Request to change the details of an application for registration) will no longer<br />

be used. In its place are Forms TM 27A and TM 27B. Form TM 27A is chargeable on a per<br />

class basis while Form TM 27B is chargeable on a per trade mark basis.<br />

Form TM 27A is to be used for amendments pertaining to the class number, the<br />

specification of goods or services to which the application for registration relates, or the<br />

particulars of any claim to a right of priority included in the application for registration.<br />

Form TM 27B is to be used for any other amendment not involving the above.<br />

(c) Rule 56 : Application to alter registered trade mark<br />

The proprietor of a registered trade mark may apply to the Registrar on Form TM 27B for<br />

alteration of the registered mark. Form TM 35, the form which is currently used, will no<br />

longer be used as from 2 July 2007.<br />

(d) Rule 57 : Rectification of an error or omission in the register<br />

An application to the Registrar for the rectification of an error or omission in the register<br />

may be made by the proprietor of a registered trade mark or by any other person.<br />

Where the application is made by the proprietor of a registered trade mark, the amendment<br />

shall be made on –<br />

(a) Form TM 27A, where the amendment pertains to the class number, the specification<br />

of goods or services to which the registration relates, or the particulars of any claim<br />

to a right of priority;<br />

(b) Form TM 27B, for any other amendment not involving the above.<br />

Where the application for rectification is made by any other person, the application shall be<br />

made on Form TM 28.

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