Trade Marks
(Jersey) Order 2000
THE ECONOMIC
DEVELOPMENT COMMITTEE, in pursuance of Articles 3,
4, 6, 11, 23 and 32 of the Trade Marks
(Jersey) Law 2000,[1] orders as follows –
Commencement [see endnotes]
1 Interpretation
In this Order
unless the context otherwise requires –
“Law” means the Trade Marks (Jersey) Law 2000;[2]
“trade mark agent” means a person described
in Article 20(1)(a) or (b) of the Law.
2 Form
of applications and requests
(1) Subject
to paragraph (3), an application –
(a) for the registration of a trade mark under Article 4(1)
of the Law shall be made on Form 1 as set out in Schedule 1;
(b) for the registration of a title under Article 4(2)
of the Law shall be made on Form 2 as set out in Schedule 1;
(c) for the registration of a renewal under Article 5
of the Law shall be made on Form 3 as set out in Schedule 1; and
(d) for registration as a registered licensee
under Article 6 of the Law shall be made on Form 4 as set out in Schedule
1,
and each such application shall
be accompanied by a fee of £30.
(2) Subject
to paragraph (3), a request to enter a change of name or address of the
registered proprietor or registered licensee shall be made on Form 5 as set out
in Schedule 1 and each such request shall be accompanied by a fee of £10.
(3) The
forms set out in Schedule 1 may be modified as directed by the registrar.
3 Signing
of applications and requests
(1) Any
application or request made on a Form set out in Schedule 1 or any request to
correct a clerical error under Article 15 of the Law shall be
signed –
(a) in the case of an individual, by the
individual or by a trade mark agent, advocate or solicitor duly authorized to
sign on the individual’s behalf;
(b) in the case of a body corporate, by a
director or the secretary of that body corporate or by a trade mark agent,
advocate or solicitor duly authorized to sign on its behalf;
(c) in the case of a partnership,
by –
(i) all
the partners,
(ii) any
other person who satisfies the registrar that the person is authorized to sign
on its behalf and who declares that he or she signs on its behalf, or
(iii) a
trade mark agent, advocate or solicitor duly authorized to sign on its behalf,
and the application or request
shall contain the full names of all the partners of that partnership; and
(d) in the case of an association of persons
other than a body corporate or partnership, by any person who appears to the registrar
to be qualified, or by a trade mark agent, advocate or solicitor duly
authorized to sign on its behalf.
(2) Where
an application or request made in accordance with this Order is signed on the
applicant’s behalf the registrar may require the person so signing to
furnish the registrar with proof of the person’s authority.
4 Address
for service
Every registered proprietor and
registered licensee of a trade mark shall furnish to the registrar an address
for service in Jersey for entry on the register of trade marks and shall inform
the registrar forthwith of any change of such address.
5 Notice
in respect of the importation of goods which are infringing goods,
material or articles
(1) A
notice given by a proprietor or licensee of a registered trade mark, Community
trade mark or protected international trade mark under Article 22(1) of
the Law in respect of certain goods shall be in the form set out in Schedule 2
(or such form as modified as directed by the Agent of the Impôts) and
separate notices shall be given in respect of each arrival of such goods.
(2) A
fee of £30 in respect of each notice shall be paid to the Agent of the
Impôts at the time it is given.
(3) The
person giving the notice shall give to the Agent of the Impôts such
security or further security within such time and in such manner, whether by
deposit of a sum of money or guarantee as the Agent may require, in respect of
any liability or expense which the person may incur in consequence of the
notice by reason of the detention of any goods, or anything done to goods so
detained.
(4) Without
prejudice to paragraph (5), if the security or further security required
by paragraph (3) is not given within the time specified by the Agent of
the Impôts, the notice shall have no effect.
(5) In
every case, whether any security or further security is given or not, the person
who has given the notice shall keep the Agent of the Impôts indemnified
against all such liability and expenses as is mentioned in paragraph (3).
(6) The
person giving the notice shall, either on giving notice or when the goods are
imported, furnish the Agent of the Impôts with the following information
in respect of the trade mark specified in the notice –
(a) in the case of a registered trade mark, the
certification of registration (or a copy of it) issued by the registrar on the
registration of that trade mark specified in the notice, together with evidence
that such trade mark remains on the register of trade marks;
(b) in the case of a Community trade mark, a
certification by the registrar that the registrar is satisfied that the trade
mark is duly registered in accordance with the provisions of the Community
Trade Mark Regulation; and
(c) in the case of a protected international
trade mark, certification by the registrar that the registrar is satisfied that
the trade mark is duly protected in the United Kingdom.
(7) If
the person giving the notice fails to furnish the Agent of the Impôts
with the information required by paragraph (6) the goods shall not be
detained, or if detained, shall be released and (without prejudice to paragraph (5))
any notice in respect of them shall have no effect.
6 Citation
This Order may be cited as the
Trade Marks (Jersey) Order 2000.
SCHEDULE 1
(Article 2)
FORM 1
APPLICATION FOR REGISTRATION
OF TRADE MARK
I/Wea …………………………………………………………………………………..…………
…………………………………………………………………………………………………….…………………………………………………………………………………………………….
of b ………………………………………………………………………………………………..
…………………………………………………………………………………………………….
hereby declare that I/we am/are the person(s)
for the time being entered in the United Kingdom register of trade marks as the
proprietor(s) of Trade Mark No. ……….. and I/we hereby apply for the registration of the said trade mark in the register of trade marks in
respect of the goods/services c comprised in the United Kingdom registration.
I/We enclose herewith –
(i) a
certificate of the Comptroller-General of Patents, Designs and Trade Marks in
the United Kingdom (under his title of Registrar of Trade Marks) setting forth
my/our title to the trade mark;
(ii) a
certified representation of the mark;
(iii) a
copy of the regulations in respect of the
trade mark deposited at the Patent Office of the United Kingdom in pursuance of
paragraph 6(1) of Schedule
2 to the Trade Marks Act 1994d of the United Kingdom;
(iv) the
appropriate fee as required by the Trade
Marks (Jersey) Order 2000.
My/Our address for service in Jersey is ………………………………………………………….
…………………………………………………………………………………………………….
…………………………………………………………………………………………………….
Dated this
…………………………. day of …………………......... 20………....
Signature of……………………………………………………………..….
applicant(s)e ………………………………………………………….…….
|
a Full name(s) of
applicant(s). A married woman should give her maiden surname and the full name of her husband, stating whether
‘wife’, ‘widow’ or divorced. In the case of an
application by a partnership give the full names of all partners.
b Address of applicant(s). An
individual ‘should’ give his or her residential address, a
partnership should give the address of the
principal place of business of the partnership and a body corporate
should give the address of its registered office.
c Delete as appropriate.
d Delete except in the case
of a certification trade mark.
e A trade mark agent,
advocate or solicitor duly authorized by the applicant(s) may sign on his/her/their
behalf.
|
FORM 2
APPLICATION FOR REGISTRATION
OF TITLE IN RESPECT OF TRADE MARK
I/Wea …………………………………………………………………………………………...…
…………………………………………………………………………………………………….
…………………………………………………………………………………………………….
of b ………………………………………………………………………………………………..
…………………………………………………………………………………………………….
hereby apply for the entry of my/our name(s) in the register of
trade marks as proprietors of Trade Mark No. …………………
at present registered in Jersey in the register of trade marks in the name of
…………………………………………………………………………………………………….
…………………………………………………………………………………………………….
I/We claim to be so entitled by virtue of c
………………………………………………………..
…………………………………………………………………………………………………….
I/We enclose herewith –
(i) a
certificate of the Comptroller-General of Patents, Designs and Trade Marks in
the United Kingdom (under his title of Registrar of Trade Marks) setting forth
my/our title to the trade mark;
(ii) the
appropriate fee as required by the Trade
Marks (Jersey) Order 2000.
My/Our address for service in Jersey is ………………………………………………..……….
………………………………………………………………………………………….………..
………………………………………………………………………………………….………..
Dated this
…………………………. day of
…………………......... 20………..
Signature
of……………………………………………………………..….
applicant(s)e ………………………………………………………….…….
|
a Full name(s) of
applicant(s). A married woman should give her maiden surname and the full name of her husband, stating whether
‘wife’, ‘widow’ or divorced. In the case of an
application by a partnership give the full names of all partners.
b Address of
applicant(s). An individual ‘should’ give his or her residential
address, a partnership should give the address of
the principal place of business of the partnership and a body
corporate should give the address of its registered office.
c Specify the
nature of the claim.
d A trade mark
agent, advocate or solicitor duly authorized by the applicant(s) may sign on
his/her/their behalf.
|
FORM 3
APPLICATION FOR REGISTRATION
OF RENEWAL OF TRADE MARK
I/Wea …………………………………………………………………………………………….
……………………………………………………………………………………………………
……………………………………………………………………………………………………
of b ……………………………………………………………………………………………….
……………………………………………………………………………………………………
hereby apply for the registration in the register of trade marks of
the renewal of Trade Mark No. ……………………………..
which trade mark is registered in my/our name(s).
I/We enclose herewith –
(i) a
certificate of the competent authority in the United Kingdom dated the
…………………….… day of …………………..
20……… stating that the said trade
mark has been renewed;
(ii) the
appropriate fee as required by the Trade
Marks (Jersey) Order 2000.
My/Our address for service in Jersey is ………………………………………………………….
…………………………………………………………………………………………………….
…………………………………………………………………………………………………….
Dated this
…………………………. day of
…………………......... 20………..
Signature
of……………………………………………………………..….
applicant(s)e ………………………………………………………….…….
|
a Full name(s) of
applicant(s). A married woman should give her maiden surname and the full name of her husband, stating whether
‘wife’, ‘widow’ or divorced. In the case of an
application by a partnership give the full names of all partners.
b Address of
applicant(s). An individual ‘should’ give his or her residential
address, a partnership should give the address of
the principal place of business of the partnership and a body
corporate should give the address of its registered office.
c A trade mark
agent, advocate or solicitor duly authorized by the applicant(s) may sign on
his/her/their behalf.
|
FORM 4
APPLICATION FOR REGISTRATION
AS REGISTERED LICENSEE OF A TRADE MARK
I/Wea ……………………………………………………………………………………………..
…………………………………………………………………………………………………….
…………………………………………………………………………………………………….
of b ………………………………………………………………………………………………..
…………………………………………………………………………………………………….
hereby apply that you will enter my/our name(s) in the register of
trade marks as registered licensee of Trade Mark No. ………………….
in respect of the goods/servicesc comprised in the
United Kingdom
registration, which
trade mark is registered in Jersey in the name of ……………………………………………...…
…………………………………………………………………………………………………….
in respect of
such goods/services.c
I/We enclose herewith –
(i) a
certificate of the Comptroller-General of Patents, Designs and Trade Marks in
the United Kingdom (under the title of Registrar of Trade Marks) relating to
my/our registration in the United Kingdom as registered licensee of the said trade mark;
(ii) the
appropriate fee as required by the Trade
Marks (Jersey) Order 2000.
My/Our address for service in Jersey is
………………………………………………………….
…………………………………………………………………………………………………….
…………………………………………………………………………………………………….
Dated this
…………………………. day of
…………………......... 20………..
Signature
of……………………………………………………………..….
applicant(s)e ………………………………………………………….…….
|
a Full name(s) of
applicant(s). A married woman should give her maiden surname and the full name of her husband, stating whether
‘wife’, ‘widow’ or divorced. In the case of an
application by a partnership give the full names of all partners.
b Address of
applicant(s). An individual ‘should’ give his or her residential
address, a partnership should give the address of
the principal place of business of the partnership and a body
corporate should give the address of its registered office.
c Delete as
appropriate.
d A trade mark
agent, advocate or solicitor duly authorized by the applicant(s) may sign on
his/her/their behalf.
|
FORM 5
REQUEST TO CHANGE NAME OR
ADDRESS OF REGISTERED PROPRIETOR OR REGISTERED LICENSEE OF TRADE MARK
I/Wea …………………………………………………………………………………………….
of ………………………………………………………………………………………………..
…………………………………………………………………………………………………..
hereby request that my/our name(s), or address, may be
entered in the Register of Trade Marks { } of the Trade Mark
No. ………………….
registered in Class ……………………………..
I am/we are entitled tob {
}
There has been no change in theb {
}
of the said Trade Mark, butc …………………………………………………………………….
…………………………………………………………………………………………………...
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
The entry at present standing in the Register gives my/our name(s)
and address(es) as follows: ……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
I/We enclose the appropriate fee required by the Trade Marks (Jersey) Order 2000
Dated this …………………………
day of ………………...20 ………….
Signature of ……………………………………………………………...
applicant(s) ………………………………………………………………
………………………………………………………………
|
a Here insert present name
and address of registered
proprietor or registered licensee.
b Delete as appropriate.
c Here state the
circumstances under which the change of name or address took place.
|
SCHEDULE 2
(Article 5)
NOTICE UNDER ARTICLE 22 OF
THE TRADE MARKS (JERSEY) LAW 2000[3] REQUESTING
INFRINGING GOODS, MATERIAL OR ARTICLES TO BE TREATED AS PROHIBITED GOODS.
Please read these notes before completing this notice
1. This
notice may only be given by the proprietor or licensee of a registered trade
mark. A separate notice must be given in respect of each consignment.
2. Please
note that in Part 3 it is not mandatory to provide details other than the time
and place of expected arrival of infringing goods but it will greatly increase
the prospect of intercepting the consignment concerned if all the details
requested are given.
3. A
fee of £30 is payable for each notice given. Please enclose a cheque for
the required amount, made payable to “The Treasurer of the States”.
4. In
the case of a registered trade mark a copy of the certificate of registration
as well as the certificate of renewal (if applicable) is to be enclosed with
the notice or submitted when the goods are imported. In the case of a Community
trade mark or protected international trade mark you should instead enclose or
submit a certification by the registrar of trade marks that the registrar is
satisfied that the trade mark is duly registered or protected.
5. The
person who has given notice shall keep the Agent of the Impôts
indemnified against any liability or expense which they may incur in
consequence of the notice by reason of the detention of any goods or anything
done to goods detained. The person giving notice may be required to provide a
security to cover this indemnity.
1. Person
giving notice
*I/We
……………………………………………………………………………………………..
Full name of signatory in
BLOCK LETTERS
give notice to the Agent of
the Impôts that
…………………………………………………………………………………………………….
…………………………………………………………………………………………………….
…………………………………………………………………………………………………….
Name and address of
proprietor or licensee in BLOCK LETTERS
is the *proprietor/licensee
of a *trade mark/Community trade mark/protected international trade mark and
that infringing goods, material or articles
are expected to arrive in Jersey, and *I/we request that they be treated as
prohibited goods.
*Delete as necessary
2. Details of infringing goods, materials or articles
Trade mark
……………………………………………………………………………………….
Infringing goods, material, articles
………………………………………………………………
Quantity
………………………………………………………………………………………….
Commodity Code(s)
……………………………………………………………………………..
3. Details of expected importation
Place of importation
……………………………………………………………………………..
Method of importation
……………………………………………………...……………………
Please include details of ship, aircraft or vehicle, where known
Expected date of arrival
………………………………………………………………………….
Country of origin
…………………………………………………………………………………
Country of consignment
………………………………………………………………………….
Importer’s details
………………………………………………………………………………...
Consignor’s details
……………………………………………………………………………….
4. Declaration
I declare that the
information given by me in this notice is true.
Signature
…………………………………………………………………………………………
Position
…………………………………………………………………………………………..
Date……………………………………………………………………………………………….
5. Submission of notice
Please send the completed
notice, fee and required certification to:
Agent of the Impôts
Maritime House
La
Route du Port Elizabeth
St.
Helier
Jersey JE1 1JJ