Financial Services (Trade Marks Fees) Regulations (Revised 2020)

LAW OF
VIRGIN ISLANDS Financial Services (Trade Marks Fees) Regulations 21 Revision Date: 1 Jan 2020 [Statutory Instrument] FINANCIAL SERVICES (TRADE MARKS FEES) REGULATIONS –
SECTION 62 AND SECTION 131(1) OF THE TRADE MARKS ACT
(S.I. 59/2015)
Commencement
[1 September 2015]
Citation

1. These Regulations may be cited as the Financial Services (Trade Marks Fees)
   Regulations.
   Fees
2. The fees specified in the Schedule shall be paid to the Commission and shall not,
   unless otherwise specified in the Trade Marks Act, 2015, Trade Marks Rules, 2015 or any other Regulations made under the Act, be refundable. __________
   SCHEDULE
   (Regulation 2)
   [Note: The reference to a specific provision or provisions of the Act and the Rules or to a Form is for guidance only and the inclusion or omission of a section, rule or Form shall not affect the obligation to pay the prescribed fee for the service it relates to.] (a) Trade Marks Act (“Act”) (b) Trade Marks Rules (“Rules”) Provision of Act Provision of Rules Form Nature of Fee Fee (USD) 36, 75 6, 30 TM1 (a) Application to register trade mark (including certification trade mark and collective trade mark):
   (i) in 1 class 200
   (ii) for each additional class 100 (b) Application to register a defensive trade mark:
   (i) in 1 class 200
   (ii) for each additional class 150 (c) Application to register a series of trade marks in a single registration (with series comprising no more than 6 trade marks):
   (i) for the first 2 trade marks 250

22 Financial Services (Trade Marks Fees) Regulations [Statutory Instrument] Revision Date: 1 Jan 2020 LAW OF VIRGIN ISLANDS (ii) for each additional mark of the series 75 49 15 TM2 Request to amend application for registration of trade mark 100 49 29 TM3 Request to delete a trade mark in a series of trade marks 25
Schedule 1,
Paragraph 6 (1)
31 - Filing copy of regulations in respect of certification mark 100
Schedule 2,
Paragraph 6 (2)
32 - Filing copy of regulations in respect of collective mark 100 Schedules 1 and 2 33 TM4 Request to amend regulations of:
(a) certification mark 50 (b) collective mark 50 66 24 TM5 Request to divide application for registration (other than for a series of trade marks):
(a) for first divisional application 100 (b) for each subsequent divisional application 50 25, 26 TM6 (a) Request to merge separate applications for trade marks into a single application 150 (b) Request to merge separate trade marks registrations into a single registration 150 28 TM7 Request to divide application into separate applications in respect of 1 or more of trade marks in a series 150 61, 62, 63, 64, 67, 69, 76, 94 16, 19, 33, 40, 48, 49, 52, 55, 57, 60, 81, 86 TM8 (a) Filing notice of objection 200 (b) Filing notice of opposition 200 (c) Filing notice of withdrawal 100 (d) Application for revocation of registration of trade mark (including defensive trade mark, certification trade mark and collective trade mark) 250 (e) Application for declaration of invalidity of registration of trade mark (including certification trade mark and collective trade mark) 250 (f) Application for cancellation or variation of registration of trade mark (including certification trade mark and collective trade mark) 200

LAW OF
VIRGIN ISLANDS Financial Services (Trade Marks Fees) Regulations 23 Revision Date: 1 Jan 2020 [Statutory Instrument] (g) Application for rectification of error or omission in the register:
(i) arising from an act of a trade mark agent or other person (other than the Registrar or his or her staff) 25 (ii) arising from an act of the Registrar or his or her staff 0 53 20, 21, 50, 53, 58 TM9 (a) Filing a counter-statement 100 (b) Application for leave to file additional evidence in support of opposition or counter-statement 50 59 37, 38 TM11 (a) Renewal of registration of trade mark (including certification trade mark and collective trade mark):
(i) in 1 class 250
(ii) for each additional class 150 (b) Renewal of defensive trade mark:
(i) in 1 class 250
(ii) for each additional class 150 (c) Renewal of series of trade marks in a single registration:
(i) for the first 2 trade marks 250 (ii) for each additional mark of the series 75 (d) Request for restoration and renewal of registration of trade mark 250 plus applicable renewal fee and penalty (e) Penalty for late renewal of registration of trade mark 150 59 42 TM12 Filing notice of surrender of registered trade mark in respect of:
(a) all goods or services 30 (b) certain goods or services 20

24 Financial Services (Trade Marks Fees) Regulations [Statutory Instrument] Revision Date: 1 Jan 2020 LAW OF VIRGIN ISLANDS 79, 81 61, 63 TM13 (a) Application or notice to register particulars of registrable transaction (other than a licence), including assignments and other transmissions in respect of:
(i) a registered trade mark 100 (ii) an application for registration of a trade mark 100 (b) Request to amend or remove registered particulars of security interest 75 81, 87 63 TM14 (a) Application or notice to register a licence 100 (b) Request to amend or remove registered particulars of a licence 75 102 64 TM16 Request for a hearing before the Registrar 100 105 80 TM18 Request for a statement of Registrar’s reason(s) for decision 0 60 39, 84, 98 TM19 Request for alteration or change of:
(a) name, address, address for service or trade mark agent’s address 50 (b) any other matter filed or in the register 25 92, 93 93, 94 TM20 (a) Request for certified or uncertified copy or extract of document or entry in a register:
(i) in electronic copy 15 (ii) in paper copy 25 (b) Request to Registrar for a list of pending applications or registered trade marks in respect of a class or classes in the Nice Classification:
(i) for 1 class 25
(ii) for more than 1 class 40 (c) Inspection of register of trade marks 20 98 95, 96 TM21 (a) Request for Registrar to cause search of records for goods or services 20 (b) Request for Registrar’s opinion 50

LAW OF
VIRGIN ISLANDS Financial Services (Trade Marks Fees) Regulations 25 Revision Date: 1 Jan 2020 [Statutory Instrument] 33 105 TM22 (a) Application to register as trade mark agent 350 (b) Renewal of registration as trade mark agent (annually) 250 33 107 TM23 Request for cancellation or revocation of approval as trade mark agent 0 53 114 TM24 Application for extension of time to file opposition or counter￾statement 25
Schedule 4,
paragraph 10
115 TM25 Notice to the Registrar requesting determination of registrability of trade mark in accordance with the Act 50

• • • For the provision by the Registrar
      of any other service for which a fee is not prescribed under these Regulations 30 __________