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STATUTORY INSTRUMENTS
2008 No. 1958
TRADE MARKS
The Trade Marks (Fees) Rules 2008
Made        -      -       -      - 21st July 2008
Laid before Parliament 23rd July 2008
Coming into force       -      - 1st October 2008
The Secretary of State makes the following Rules in exercise of the powers conferred by section 79
of the Trade Marks Act 1994(1) (“the Act”) and of the power conferred by the Department of Trade
and Industry (Fees) Order 1988 (2).
Citation, commencement and interpretation
1.—(1)  These Rules may be cited as the Trade Marks (Fees) Rules 2008 and shall come into
force on 1st October 2008.
(2)  These Rules shall be construed as one with the Trade Marks Rules 2008(3) (“the 2008 Rules”).
Fees payable
2.—(1)  The fees to be paid in respect of any matters arising under the Act and the 2008 Rules
shall be those specified in the Schedule to these Rules.
(2)  In any case where a form specified in the Schedule as the corresponding form in relation to
any matter is specified in the 2008 Rules, that form shall be accompanied by the fee specified in
respect of that matter (unless the 2008 Rules otherwise provide).
Repayment of fee
3.—(1)  Where the registrar—
(a)has received a request for expedited examination of an application for registration of a
trade mark under rule 5(2) of the 2008 Rules; and
(b)following the expiry of a period of ten business days (as specified in a direction given
by the registrar under section 80 of the Act) beginning on the business day after the date
of filing of the application for registration, notifies the applicant, in accordance with rule
(1)1994 c.26 .
(2)S.I. 1988/93  as amended by S.I. 1990/1473 , which was made under section 102 of the Finance (No. 2) Act 1987 (c.51) .
(3)S.I. 2008/1797 .Document Generated: 2019-10-12
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15 of the 2008 Rules, whether or not it appears to the registrar that the requirements for
registration are met,
the registrar shall repay the fee specified in the Schedule in respect of a request for expedited
examination.
(2)  Where a fee has been paid in error, the registrar shall repay the same; and where a fee is paid
in excess of the amount specified, the registrar shall remit the amount paid in excess.
Revocations
4.The following instruments are revoked—
(a)The Trade Marks (Fees) Rules 2000(4) save insofar as they relate to fees payable in respect
of matters arising under the Trade Marks (International Registration) Order 1996(5)
(b)The Trade Marks (Fees) (Amendment) Rules 2007(6);
(c)The Trade Marks and Trade Marks (Fees) (Amendment) Rules 2008(7).
21st July 2008Baroness Morgan of Drefelin
Parliamentary Under Secretary of State for
Intellectual Property and Quality
Department for Innovation, Universities and
Skills
(4)S.I. 2000/137 .
(5)S.I. 1996/714  as amended by S.I. 2000/138 , S.I. 2002/692 , S.I. 2004/948 , S.I. 2006/763  and S.I. 2006/1080 .
(6)S.I. 2007/2077 .
(7)S.I. 2008/11.
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SCHEDULE Rule 2
Fees Payable
(In this section references to a rule are references to that rule in the 2008 Rules)
Number of
corresponding
formItem Amount
£
TM3 Application for registration of a trade mark (rule 5) or a series
of trade marks (rule 28)200
TM3 Request to the Registrar for expedited examination of
application for registration of a trade mark (rule 5(2))300
TM3 Class fee (rule 5), for each class over one 50
TM3A Application for additional classes following examination of a
mark (rule 8(4)), for each additional class50
TM5 Request to the registrar for a statement of the reasons for his
decision (rule 69(2))100
TM6 Request to the registrar by the proprietor of a Community trade
mark or international trade mark (EC) to be notified of the
results of a search of the register (rule 14(4))50
TM7 Notice of opposition to the registration of a mark (rule 17(1)),
to the amendment of an application (rule 25(2)), or to the
amendment of the regulations relating to a certification or
collective trade mark (rule 30(4)), to the alteration of a
registered trade mark (rule 32(3)), to the removal of matter from
the register (rule 53(2)(a)), to the reclassification of a mark in
accordance with the relevant Nice Classification (rule 55(1))200
TM9 Request for extension of time (rule 77(2)) 50
TM11 Renewal of registration (rule 35) 200
TM11 Class fee for each class over one (rule 35) 50
TM11 Delayed renewal of registration (rule 36(2)) 50
TM12 Request for division of an application (rule 26(1)) 100
TM13 Request for the restoration and renewal of a registration
removed from the register for failure to renew (rule 37(1))100
TM16 Request to enter details of an assignment (rule 49(1)(a)) 50
TM26 (N) Request for the revocation of a registration (on grounds of non-
use) (rule 38)200
TM26 (O) Request for the revocation of a registration (on grounds other
than non-use) (rule 39)200
TM26 (I) Request for the invalidation of a registration (rule 41) 200
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Number of
corresponding
formItem Amount
TM31C Request for information about applications and registered trade
marks (rule 56)20
TM31R Request for certified copy of an entry on the register (rule 51),
per certificate20
TM35 Filing of regulations governing the use of a certification or
collective mark (rule 29)200
TM36 Request to amend regulations governing the use of a
certification or collective mark (rule 30(1))100
EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules prescribe fees in relation to matters arising under the Trade Marks Act 1994 (“the Act”)
and the Trade Marks Rules 2008 (SI 2008/1797 ) (which revoked and replaced the Trade Marks Rules
2000 ( SI 2000/136 ) (“the 2000 Rules”). These Rules revoke and replace the Trade Marks (Fees)
Rules 2000 ( SI 2000/137 ) (“the Fees Rules”) insofar as they relate to fees payable under the Act and
the 2000 Rules. No change has been made to the level of fees nor to the circumstances in which a fee
is payable. The Fees Rules continue to prescribe fees in relation to matters arising under the Trade
Marks (International Registration) Order 1996 ( SI 1996/714 ).
Where a form is specified in the Schedule in relation to any matter, that form must be sent to the
registrar together with the relevant fee for that matter, unless the Trade Marks Rules 2008 specify
otherwise (rule 2).
Rule 3 specifies the circumstances in which the registrar shall repay a fee or any amount paid in
excess of the specified fee.
A separate impact assessment has not been produced for this instrument as it is made in
consequence of the revocation and replacement of the 2000 Rules by the Trade Marks Rules 2008.
However, a full impact assessment of the effect that the Trade Marks Rules 2008 will have on the
costs of business and the voluntary sector is available from the UK Intellectual Property Office,
Trade Marks Law Section, Concept House, Cardiff Road, Newport NP10 8QQ and is annexed to
the Explanatory Memorandum which is available alongside that instrument on the OPSI website.
Copies have also been placed in the libraries of both Houses of Parliament.
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