On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 02/07/2007.
Application for registration of trade mark
5.
—(1) An application for registration of a trade mark shall be made in the prescribed manner to the Registrar.
(2) The application shall —
(a)
contain a request for the registration of a trade mark;
(b)
state the name and address of the applicant;
(c)
contain a clear representation of the trade mark;
(d)
list the goods or services in relation to which the applicant seeks to register the trade mark; and
(e)
state —
(i)
that the trade mark is being used in the course of trade, by the applicant or with his consent, in relation to those goods or services; or
(ii)
that the applicant has a bona fide intention that the trade mark should be so used.
[20/2004]
(3) The application shall be subject to the payment of the application fee and such other fees as may be appropriate.
(4) The date of the application for registration of the trade mark shall be the earliest date on which —
(a)
all the requirements under subsection (2) have been satisfied; and
(b)
all the fees payable under subsection (3) —
(i)
have been paid; or
(ii)
are treated by the Registrar as paid.
[UK Trade Marks Act 1994, s. 32]
[20/2004]
5A.
—(1) Subject to this section and any rules made under subsection (3), an application for registration of a trade mark may, at the request of the applicant, be divided into 2 or more separate applications for registration of the trade mark.
(2) A request under subsection (1) —
(a)
shall be made to the Registrar —
(i)
in the prescribed manner; and
(ii)
before the trade mark is registered; and
(b)
shall be subject to the payment of such fee as may be prescribed.
(3) The Minister may make rules for the purposes of this section and may, in those rules, provide for —
(a)
the circumstances in which an application for registration of a trade mark may be divided;
(b)
the conditions to be satisfied before a request under subsection (1) may be granted by the Registrar; and
(c)
the effect of dividing an application for registration of a trade mark into 2 or more separate applications for registration of the trade mark.
6.
—(1) Goods and services shall be classified for the purposes of the registration of trade marks according to a prescribed system of classification.
(2) Any question arising as to the class within which any goods or services fall shall be determined by the Registrar, whose decision shall be final.
[UK Trade Marks Act 1994, s. 34; Trade Marks 1992 Ed., s. 9 (2)]