The Commissioners of Customs and Excise, in exercise of the powers conferred on them by section 90(1), (2) and (3) of the Trade Marks Act 1994(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:
1. These Regulations may be cited as the Trade Marks (Customs) Regulations 1994 and shall come into force on 31st October 1994.
2. If notice is given under section 89(1) of The Trade Marks Act 1994 by the proprietor or licensee of a registered trade mark in respect of certain goods it shall be in the form set out in the Schedule to these Regulations or a form to the like effect approved by the Commissioners; and separate notices shall be given in respect of each arrival of such goods.
3. A fee of £30 (plus value added tax) in respect of each notice shall be paid to the Commissioners at the time it is given.
4. The person giving the notice shall give to the Commissioners such security or further security within such time and in such manner, whether by deposit of a sum of money or guarantee, as the Commissioners may require, in respect of 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 so detained: and if such security or further security is not given within the time specified by the Commissioners, then (but without prejudice to the operation of regulation 5 below) 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 Commissioners indemnified against all such liability and expense as is mentioned in regulation 4 above.
6.—(1) The person giving the notice shall, either on giving notice or when the goods are imported, furnish the Commissioners with the certificate of registration (or a copy of it) issued by the Registrar of Trade Marks on the registration of the trade mark specified in the notice, together with evidence that such registration was duly renewed at all such times as it may have expired.
(2) If such a certificate or copy and, where applicable, evidence of renewal is not furnished in accordance with paragraph (1) above then the goods shall not be detained, or, if detained, shall be released, and (but without prejudice to the operation of regulation 5 above) any notice given in respect of them shall have no effect.
7. The Trade Marks (Customs) Regulations 1970(2 ) are hereby revoked.
Leonard HarrisCommissioner of Customs and ExciseNew King’s Beam House,22 Upper Ground,London SE1 9PJ.11th October 1994