Trade Marks Act 1994

Exclusive licences.

— Regulation 29 — Exclusive licences. In this Act an “exclusive licence” means a licence (whether general or limited) authorising the licensee to the exclusion…

Order as to disposal of infringing goods, material or articles.

— Regulation 19 — Order as to disposal of infringing goods, material or articles. Where infringing goods, material or articles have been delivered up in…

["Regulation 1"]

Regulation 1 The provisions of this Act apply to collective marks subject to the following provisions.

Existing IR(EU): pending proceedings

— Regulation 21 — Existing IR(EU): pending proceedings This paragraph applies where on IP completion day an existing IR(EU) is the subject of proceedings which…

Registration subject to disclaimer or limitation.

— Regulation 13 — Registration subject to disclaimer or limitation. An applicant for registration of a trade mark, or the proprietor of a registered trade…

The Paris Convention.

— Regulation 55 — The Paris Convention. In this Act— “the Paris Convention” means the Paris Convention for the Protection of Industrial Property of March 20th…

["Regulation 16"]

Regulation 16 An application under section 35 of the 1938 Act (alteration of registered trade mark) which is pending on the commencement of this Act shall be…

Claim to priority from other relevant overseas application.

— Regulation 36 — Claim to priority from other relevant overseas application. Her Majesty may by Order in Council make provision for conferring on a person who…

["Regulation 4"]

Regulation 4 A collective mark shall not be registered if the public is liable to be misled as regards the character or significance of the mark, in particular…

Offences committed by partnerships and bodies corporate.

— Regulation 101 — Offences committed by partnerships and bodies corporate. Proceedings for an offence under this Act alleged to have been committed by a…

["Regulation 2"]

Regulation 2 In relation to a collective mark the reference in section 1(1) (signs of which a trade mark may consist) to distinguishing goods or services of…

Continuity of rights in relation to a comparable trade mark (EU)

— Regulation 19 — Continuity of rights in relation to a comparable trade mark (EU) References to an existing EUTM or the registration of an existing EUTM in…

Grounds for invalidity of registration.

— Regulation 47 — Grounds for invalidity of registration. The registration of a trade mark may be declared invalid on the ground that the trade mark was…

Index of defined expressions.

— Regulation 104 — Index of defined expressions. In this Act the expressions listed below are defined by or otherwise fall to be construed in accordance with…

Licensing of registered trade mark.

— Regulation 28 — Licensing of registered trade mark. A licence to use a registered trade mark may be general or limited. A limited licence may, in particular…

Non-use as defence in infringement proceedings and revocation of registration of a comparable trade mark (EU)

— Regulation 8 — Non-use as defence in infringement proceedings and revocation of registration of a comparable trade mark (EU) Sections 11A and 46 apply in…

Exhaustion of rights conferred by registered trade mark.

— Regulation 12 — Exhaustion of rights conferred by registered trade mark. A registered trade mark is not infringed by the use of the trade mark in relation to…

["Regulation 22"]

Regulation 22 Rules in force immediately before the commencement of this Act under section 282 or 283 of the Copyright, Designs and Patents Act 1988 (register…

["Regulation 1"]

Regulation 1 The provisions of this Act apply to certification marks subject to the following provisions.

Power of Commissioners of Customs and Excise to make regulations.

— Regulation 90 — Power of Commissioners of Customs and Excise to make regulations. The Commissioners of Customs and Excise may make regulations prescribing…

Short title.

— Regulation 110 — Short title. This Act may be cited as the Trade Marks Act 1994.

Grounds for invalidity of registration of a trade mark based upon an earlier comparable trade mark (EU)

— Regulation 9 — Grounds for invalidity of registration of a trade mark based upon an earlier comparable trade mark (EU) Section 47 applies where an earlier…

Commencement.

— Regulation 109 — Commencement. The provisions of this Act come into force on such day as the Secretary of State may appoint by order made by statutory…

["Regulation 21"]

Regulation 21 A certificate given before the commencement of this Act under section 47 of the 1938 Act (certificate of validity of contested registration)…

Infringing goods, material or articles may be treated as prohibited goods.

— Regulation 89 — Infringing goods, material or articles may be treated as prohibited goods. The proprietor of a registered trade mark, or a licensee, may give…

Minor definitions.

— Regulation 103 — Minor definitions. In this Act— “business” includes a trade or profession; “director”, in relation to a body corporate whose affairs are…

Alteration of registered trade mark.

— Regulation 44 — Alteration of registered trade mark. A registered trade mark shall not be altered in the register, during the period of registration or on…

Evidence before registrar.

— Regulation 69 — Evidence before registrar. Provision may be made by rules— as to the giving of evidence in proceedings before the registrar under this Act by…

["Regulation 10"]

Regulation 10 An amendment of the regulations governing the use of a registered collective mark is not effective unless and until the amended regulations are…

["Regulation 15"]

Regulation 15 Section 42(1) of this Act (duration of original period of registration) applies in relation to the registration of a mark in pursuance of an…

Falsely representing trade mark as registered.

— Regulation 95 — Falsely representing trade mark as registered. It is an offence for a person— falsely to represent that a mark is a registered trade mark, or…

Revocation of registration.

— Regulation 46 — Revocation of registration. The registration of a trade mark may be revoked on any of the following grounds— that within the period of five…

Entries to be made in the register in relation to a comparable trade mark (IR)

— Regulation 3 — Entries to be made in the register in relation to a comparable trade mark (IR) The registrar must as soon as reasonably practicable after IP…

Jurisdiction of sheriff court or county court in Northern Ireland.

— Regulation 20 — Jurisdiction of sheriff court or county court in Northern Ireland. Proceedings for an order under section 16 (order for delivery up of…

["Regulation 15"]

Regulation 15 Apart from the grounds of revocation provided for in section 46, the registration of a certification mark may be revoked on the ground— that the…

Transitional provisions.

— Regulation 105 — Transitional provisions. The provisions of Schedule 3 have effect with respect to transitional matters, including the treatment of marks…

Trusts and equities.

— Regulation 26 — Trusts and equities. No notice of any trust (express, implied or constructive) shall be entered in the register; and the registrar shall not…

A trade mark registered as an existing EUTM to be treated as registered under this Act

— Regulation 1 — A trade mark registered as an existing EUTM to be treated as registered under this Act A trade mark which is registered in the EUTM Register…

Non-use as defence in infringement proceedings

— Regulation 11A — Non-use as defence in infringement proceedings The proprietor of a trade mark is entitled to prohibit the use of a sign only to the extent…

["Regulation 13"]

Regulation 13 Section 35 of this Act (claim to priority of Convention application) applies to an application for registration under this Act made after the…

Prohibition on the use of a trade mark registered in the name of an agent or representative

— Regulation 10B — Prohibition on the use of a trade mark registered in the name of an agent or representative Subsection (2) applies where a trade mark is…

Power of Commissioners for Revenue and Customs to disclose information.

— Regulation 91 — Power of Commissioners for Revenue and Customs to disclose information. Where information relating to infringing goods, material or articles…

Comparable trade mark (EU) which derives from an EU Collective Mark or EU Certification Mark

— Regulation 4 — Comparable trade mark (EU) which derives from an EU Collective Mark or EU Certification Mark This paragraph applies where the European Union…

Registration.

— Regulation 40 — Registration. Where an application has been accepted and— no notice of opposition is given within the period referred to in section 38(2), or…

Restoration of a European Union trade mark to the EUTM Register

— Regulation 28 — Restoration of a European Union trade mark to the EUTM Register This paragraph applies where— before IP completion day a trade mark is…

Rectification or correction of the register.

— Regulation 64 — Rectification or correction of the register. Any person having a sufficient interest may apply for the rectification of an error or omission…

Power to prescribe conditions, &c. for mixed partnerships and bodies corporate.

— Regulation 85 — Power to prescribe conditions, &c. for mixed partnerships and bodies corporate…

["Regulation 7"]

Regulation 7 The provisions of section 23 of this Act (co-ownership of registered mark) apply as from the commencement of this Act to an existing registered…

Reputation of a comparable trade mark (IR)

— Regulation 10 — Reputation of a comparable trade mark (IR) Sections 5 and 10 apply in relation to a comparable trade mark (IR), subject to the modifications…

["Regulation 8"]

Regulation 8 The Copyright, Designs and Patents Act 1988 is amended as follows. In sections 114(6), 204(6) and 231(6) (persons regarded as having an interest…

["Regulation 5"]

Regulation 5 An applicant for registration of a collective mark must file with the registrar regulations governing the use of the mark. The regulations must…

Raising of relative grounds in opposition proceedings in case of non-use

— Regulation 7 — Raising of relative grounds in opposition proceedings in case of non-use Section 6A applies where an earlier trade mark is a comparable trade…

["Regulation 12"]

Regulation 12 The assignment or other transmission of a registered certification mark is not effective without the consent of the registrar.

["Regulation 10"]

Regulation 10 An application for registration of a mark under the 1938 Act which is pending on the commencement of this Act shall be dealt with under the old…

["Regulation 8"]

Regulation 8 Section 24 of this Act (assignment or other transmission of registered mark) applies to transactions and events occurring after the commencement…

Order for delivery up of infringing goods, material or articles.

— Regulation 16 — Order for delivery up of infringing goods, material or articles. The proprietor of a registered trade mark may apply to the court for an…

["Regulation 6"]

Regulation 6 Section 30 (general provisions as to rights of licensees in case of infringement) of this Act applies to licences granted before the commencement…

["Regulation 12"]

Regulation 12 The registrar may exercise the powers conferred by rules under section 65 of this Act (adaptation of entries to new classification) to secure…

Grounds for invalidity of registration of a trade mark based upon an earlier comparable trade mark (IR)

— Regulation 9 — Grounds for invalidity of registration of a trade mark based upon an earlier comparable trade mark (IR) Section 47 applies where an earlier…

Interpretation

— Interpretation — Regulation 30 — Interpretation In this Schedule— “comparable trade mark (EU)” has the meaning given by paragraph 1(2); “the Continuing EUTM…

Unauthorised use of Royal arms, &c.

— Regulation 99 — Unauthorised use of Royal arms, &c. A person shall not without the authority of Her Majesty use in connection with any business the Royal…

["Regulation 2"]

Regulation 2 The Patents and Designs Act 1907 is amended as follows. In section 62 (the Patent Office)— in subsection (1) for “this Act and the Trade Marks Act…

Effect of seniority claim

— Regulation 14 — Effect of seniority claim This paragraph applies where immediately before IP completion day an existing IR(EU) has a valid claim to seniority…

Unregistered persons not to be described as registered trade mark agents.

— Regulation 84 — Unregistered persons not to be described as registered trade mark agents. An individual who is not a registered trade mark attorney shall…

Unauthorised use of trade mark, &c. in relation to goods.

— Regulation 92 — Unauthorised use of trade mark, &c. in relation to goods. A person commits an offence who with a view to gain for himself or another, or with…

Registration of certain expired international trade marks

— Regulation 23 — Registration of certain expired international trade marks This Part applies to an international trade mark which, immediately before the…

Transformation applications

which are pending on IP completion day — Transformation applications — Regulation 32 — Transformation applications In this Part, references to a…

Registered trade marks.

— Regulation 2 — Registered trade marks. A registered trade mark is a property right obtained by the registration of the trade mark under this Act and the…

National emblems, &c. of Convention countries: Article 6ter.

— Regulation 57 — National emblems, &c. of Convention countries: Article 6ter. A trade mark which consists of or contains the flag of a Convention country…

Surrender of registered trade mark.

— Regulation 45 — Surrender of registered trade mark. A registered trade mark may be surrendered by the proprietor in respect of some or all of the goods or…

Limits on effect of registered trade mark.

— Regulation 11 — Limits on effect of registered trade mark. A registered trade mark is not infringed by the use of a later registered trade mark where that…

Determination of invalidity and liability to revocation in relation to claims of seniority

— Regulation 15 — Determination of invalidity and liability to revocation in relation to claims of seniority Where pursuant to paragraph 14 a comparable trade…

Regulation of trade mark attorneys

— Regulation 83A — Regulation of trade mark attorneys The person who keeps the register under section 83 may make regulations which regulate— the keeping of…

Permitted communications

— Regulation 21B — Permitted communications For the purposes of section 21A (6), a communication containing a threat of infringement proceedings is a…

The registrar.

— Regulation 62 — The registrar. In this Act “the registrar” means the Comptroller-General of Patents, Designs and Trade Marks.

Certificate of validity of contested registration.

— Regulation 73 — Certificate of validity of contested registration. If in proceedings before the court the validity of the registration of a trade mark is…

Remedies and defences

— Regulation 21C — Remedies and defences Proceedings in respect of an actionable threat may be brought against the person who made the threat for— a…

["Regulation 9"]

Regulation 9 Sections 28 and 29(2) of this Act (licensing of registered trade mark; rights of exclusive licensee against grantor’s successor in title) apply…

Power to require that relative grounds be raised in opposition proceedings.

— Regulation 8 — Power to require that relative grounds be raised in opposition proceedings. The Secretary of State may by order provide that in any case a…

Raising of relative grounds in opposition proceedings in case of non-use

— Regulation 7 — Raising of relative grounds in opposition proceedings in case of non-use Section 6A applies where an earlier trade mark is a comparable trade…

Non-use as defence in infringement proceedings and revocation of registration of a comparable trade mark (IR)

— Regulation 8 — Non-use as defence in infringement proceedings and revocation of registration of a comparable trade mark (IR) Sections 11A and 46 apply in…

Order for erasure, &c. of offending sign.

— Regulation 15 — Order for erasure, &c. of offending sign. Where a person is found to have infringed a registered trade mark, the court may make an order…

Recognition of agents.

— Regulation 82 — Recognition of agents. Except as otherwise provided by rules and subject to the Legal Services Act 2007, any act required or authorised by…

["Regulation 11"]

Regulation 11 An amendment of the regulations governing the use of a registered certification mark is not effective unless and until the amended regulations…

Collective marks.

— Regulation 49 — Collective marks. A collective mark is a mark which is described as such when it is applied for and is capable of distinguishing the goods…

["Regulation 20"]

Regulation 20 For the purposes of this Schedule the Sheffield register kept under Schedule 2 to the 1938 Act shall be treated as part of the register of trade…

Enforcement function of local weights and measures authority.

— Regulation 93 — Enforcement function of local weights and measures authority. It is the duty of every local weights and measures authority to enforce within…

Raising of relative grounds in case of honest concurrent use.

— Regulation 7 — Raising of relative grounds in case of honest concurrent use. This section applies where on an application for the registration of a trade…

Power to make provision in connection with European Union Trade Mark Regulation.

— Regulation 52 — Power to make provision in connection with European Union Trade Mark Regulation…

Use of the term “trade mark attorney”.

— Regulation 86 — Use of the term “trade mark attorney”. No offence is committed under the enactments restricting the use of certain expressions in reference…

["Regulation 7"]

Regulation 7 In Schedule 3 to the Restrictive Trade Practices Act 1976 (excepted agreements), for paragraph 4 (agreements relating to trade marks) substitute—…

Procedure for declaration that trade mark would have been liable to be revoked or declared invalid

— Regulation 16 — Procedure for declaration that trade mark would have been liable to be revoked or declared invalid In the case of proceedings on an…

Right to claim seniority where seniority has been claimed by an existing ITM application or an existing request for EU extension

— Regulation 30 — Right to claim seniority where seniority has been claimed by an existing ITM application or an existing request for EU extension Where an…

Forfeiture: England and Wales or Northern Ireland.

— Regulation 97 — Forfeiture: England and Wales or Northern Ireland. In England and Wales or Northern Ireland where there has come into the possession of any…

Supplementary provisions as to summary proceedings in Scotland.

— Regulation 96 — Supplementary provisions as to summary proceedings in Scotland. Notwithstanding anything in section 136 of the Criminal Procedure (Scotland)…

Assignment of an existing IR(EU) not registered on IP completion day

— Regulation 17 — Assignment of an existing IR(EU) not registered on IP completion day This paragraph applies where before IP completion day an existing IR(EU)…

Withdrawal, restriction or amendment of application.

— Regulation 39 — Withdrawal, restriction or amendment of application. The applicant may at any time withdraw his application or restrict the goods or services…

Notification under Article 6ter of the Convention.

— Regulation 59 — Notification under Article 6ter of the Convention. For the purposes of section 57 state emblems of a Convention country (other than the…

Continuity of rights in relation to a comparable trade mark (IR)

— Regulation 20 — Continuity of rights in relation to a comparable trade mark (IR) References to an existing IR(EU), or the international registration to which…

Registration to be prima facie evidence of validity.

— Regulation 72 — Registration to be prima facie evidence of validity. In all legal proceedings relating to a registered trade mark (including proceedings for…

Meaning of “earlier trade mark”.

— Regulation 6 — Meaning of “earlier trade mark”. In this Act an “earlier trade mark” means— a registered trade mark ... or international trade mark (UK)…

Certification marks.

— Regulation 50 — Certification marks. A certification mark is a mark which is described as such when the mark is applied for and indicates that the goods or…

["Regulation 4"]

Regulation 4 In the Trade Descriptions Act 1968, in section 34 (exemption of trade description contained in pre-1968 trade mark)— in the opening words, omit…

Renewal of an expired IR(EU): territorial extension under Article 3ter(1)

— Regulation 25 — Renewal of an expired IR(EU): territorial extension under Article 3ter(1) Where the protection in the European Union of an expired IR(EU)…

["Regulation 13"]

Regulation 13 The following provisions apply in relation to an authorised user of a registered certification mark as in relation to a licensee of a trade mark—…

Territorial waters and the continental shelf.

— Regulation 107 — Territorial waters and the continental shelf. For the purposes of this Act the territorial waters of the United Kingdom shall be treated as…

Assignment of an existing EUTM not registered on IP completion day

— Regulation 16 — Assignment of an existing EUTM not registered on IP completion day This paragraph applies where before IP completion day an existing EUTM (or…

Entries to be made in the register in relation to a comparable trade mark (EU)

— Regulation 3 — Entries to be made in the register in relation to a comparable trade mark (EU) The registrar must as soon as reasonably practicable after IP…

Reputation of a comparable trade mark (EU)

— Regulation 10 — Reputation of a comparable trade mark (EU) Sections 5 and 10 apply in relation to a comparable trade mark (EU), subject to the modifications…

Renewal of an expired IR(EU)

— Regulation 24 — Renewal of an expired IR(EU) Where within the period beginning with IP completion day and ending with the end of the relevant period— the…

["Regulation 11"]

Regulation 11 The following provisions apply in relation to an authorised user of a registered collective mark as in relation to a licensee of a trade mark—…

Exclusive licensee having rights and remedies of assignee.

— Regulation 31 — Exclusive licensee having rights and remedies of assignee. An exclusive licence may provide that the licensee shall have, to such extent as…

["Regulation 13"]

Regulation 13 Apart from the grounds of revocation provided for in section 46, the registration of a collective mark may be revoked on the ground— that the…

["Regulation 16"]

Regulation 16 Apart from the grounds of invalidity provided for in section 47, the registration of a certification mark may be declared invalid on the ground…

["Regulation 3"]

Regulation 3 Notwithstanding section 3(1)(c), a collective mark may be registered which consists of signs or indications which may serve, in trade, to…

Actionable threats

— Regulation 21A — Actionable threats Subject to subsections (2) to (6), a threat of infringement proceedings made by any person is actionable by any person…

["Regulation 2"]

Regulation 2 In relation to a certification mark the reference in section 1(1) (signs of which a trade mark may consist) to distinguishing goods or services of…

Renewal of an expired EUTM

— Regulation 23 — Renewal of an expired EUTM Where the registration of an expired EUTM is renewed in accordance with Article 53 of the Continuing EUTM…

Persons appointed to hear and determine appeals.

— Regulation 77 — Persons appointed to hear and determine appeals. For the purposes of section 76 an “appointed person” means a person appointed by the Lord…

["Regulation 5"]

Regulation 5 Section 16 of this Act (order for delivery up of infringing goods, material or articles) applies to infringing goods, material or articles whether…

Application for registration of trade mark as an object of property.

— Regulation 27 — Application for registration of trade mark as an object of property. The provisions of sections 22 to 26 (which relate to a registered trade…

Supplementary: proceedings for delivery up etc.

— Regulation 21F — Supplementary: proceedings for delivery up etc. In section 21(1)(b) the reference to proceedings for infringement of a registered trade mark…

Procedure for declaration that trade mark would have been liable to be revoked or declared invalid

— Regulation 15 — Procedure for declaration that trade mark would have been liable to be revoked or declared invalid In the case of proceedings on an…

Reproduction of trade marks in dictionaries, encyclopaedias etc.

— Regulation 99A — Reproduction of trade marks in dictionaries, encyclopaedias etc. Subsection (2) applies if the reproduction of a trade mark in a dictionary…

["Regulation 9"]

Regulation 9 In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals), for “Patents…

Absolute grounds for refusal of registration.

— Regulation 3 — Absolute grounds for refusal of registration. The following shall not be registered— signs which do not satisfy the requirements of section 1

["Regulation 4"]

Regulation 4 A certification mark shall not be registered if the proprietor carries on a business involving the supply of goods or services of the kind…

Infringement of registered trade mark.

— Regulation 10 — Infringement of registered trade mark. A person infringes a registered trade mark if he uses in the course of trade a sign which is identical…

Action for infringement.

— Regulation 14 — Action for infringement. An infringement of a registered trade mark is actionable by the proprietor of the trade mark. In an action for…

Existing EUTM: effect of injunction

— Regulation 21 — Existing EUTM: effect of injunction This paragraph applies where immediately before IP completion day an injunction is in force prohibiting…

Rights conferred by registered trade mark.

— Regulation 9 — Rights conferred by registered trade mark. The proprietor of a registered trade mark has exclusive rights in the trade mark which are…

Supplementary: pending registration

— Regulation 21E — Supplementary: pending registration In sections 21 and 21B references to a registered trade mark include references to a trade mark in…

Similarity of goods and services

— Regulation 60A — Similarity of goods and services For the purposes of this Act goods and services— are not to be regarded as being similar to each other on…

["Regulation 3"]

Regulation 3 The Patents, Designs, Copyright and Trade Marks (Emergency) Act 1939 is amended as follows. For section 3 (power of comptroller to suspend rights…

["Regulation 5"]

Regulation 5 A certification mark shall not be registered if the public is liable to be misled as regards the character or significance of the mark, in…

Existing IR(EU): effect of injunction

— Regulation 22 — Existing IR(EU): effect of injunction This paragraph applies where immediately before IP completion day an injunction is in force prohibiting…

Power to make provision giving effect to Madrid Protocol.

— Regulation 54 — Power to make provision giving effect to Madrid Protocol. The Secretary of State may by order make such provision as he thinks fit for giving…

Registrar’s annual report.

— Regulation 71 — Registrar’s annual report. The Comptroller-General of Patents, Designs and Trade Marks shall in his annual report under section 121 of the…

Claim to priority of Convention application.

— Regulation 35 — Claim to priority of Convention application. A person who has duly filed an application for protection of a trade mark in a Convention…

Registration of transactions affecting registered trade mark.

— Regulation 25 — Registration of transactions affecting registered trade mark. On application being made to the registrar by— a person claiming to be entitled…

The court.

— Regulation 75 — The court. In this Act, unless the context otherwise requires, “the court” means— in England and Wales , the High Court , or the county court…

["Regulation 9"]

Regulation 9 The regulations shall be published and notice of opposition may be given, and observations may be made, relating to the matters mentioned in…

Restoration of an application for a European Union trade mark

— Regulation 29 — Restoration of an application for a European Union trade mark This paragraph applies where— before IP completion day an application for a…

["Regulation 4"]

Regulation 4 Sections 9 to 12 of this Act (effects of registration) apply in relation to an existing registered mark as from the commencement of this Act and…

Rights conferred by registered trade mark

— Regulation 11 — Rights conferred by registered trade mark Section 9 applies in relation to a comparable trade mark (EU) but as if— the words in brackets in…

Exclusion of liability in respect of official acts.

— Regulation 70 — Exclusion of liability in respect of official acts. The registrar shall not be taken to warrant the validity of the registration of a trade…

Application for registration under this Act based upon an existing ITM application or an existing request for EU extension recorded in the International Register on or after IP completion day

— Regulation 29 — Application for registration under this Act based upon an existing ITM application or an existing request for EU extension recorded in the…

Hours of business and business days.

— Regulation 80 — Hours of business and business days. The registrar may give directions specifying the hours of business of the Patent Office for the purpose…

Extent.

— Regulation 108 — Extent. This Act extends to England and Wales, Scotland and Northern Ireland. This Act also extends to the Isle of Man, subject to such…

Effect of claim of priority

— Regulation 12 — Effect of claim of priority This paragraph applies where— the proprietor of an existing EUTM has claimed a right of priority in accordance…

Specially protected emblems.

— Regulation 4 — Specially protected emblems. A trade mark which consists of or contains— the Royal arms, or any of the principal armorial bearings of the…

Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 26

— Regulation 27 — Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 26 Where a relevant mark has…

Power of registrar to refuse to deal with certain agents.

— Regulation 88 — Power of registrar to refuse to deal with certain agents. The Secretary of State may make rules authorising the registrar to refuse to…

Opt out

— Regulation 2 — Opt out Subject to sub-paragraph

Raising of relative grounds in opposition proceedings in case of non-use

— Regulation 6A — Raising of relative grounds in opposition proceedings in case of non-use This section applies where— an application for registration of a…

The register of trade mark attorneys

— Regulation 83 — The register of trade mark attorneys There is to continue to be a register of persons who act as agent for others for the purpose of applying…

Opt out

— Regulation 2 — Opt out Subject to sub-paragraphs (2) and

Effect of a security interest in an existing IR(EU)

— Regulation 19 — Effect of a security interest in an existing IR(EU) This paragraph applies where immediately before IP completion day an existing IR(EU) (or…

Examination of application.

— Regulation 37 — Examination of application. The registrar shall examine whether an application for registration of a trade mark satisfies the requirements of…

Right to claim seniority where seniority has been claimed by an existing EUTM application

— Regulation 26 — Right to claim seniority where seniority has been claimed by an existing EUTM application Where an existing EUTM application claims seniority…

["Regulation 6"]

Regulation 6 A collective mark shall not be registered unless the regulations governing the use of the mark— comply with paragraph 5(2) and (3) and any further…

Existing EUTM: pending proceedings

— Regulation 20 — Existing EUTM: pending proceedings This paragraph applies where on IP completion day an existing EUTM is the subject of proceedings which are…

Application for registration under this Act based upon an existing EUTM application

— Regulation 25 — Application for registration under this Act based upon an existing EUTM application This paragraph applies where a person who has filed an…

Classification of trade marks.

— Regulation 34 — Classification of trade marks. Goods and services shall be classified for the purposes of the registration of trade marks according to a…

Information about applications and registered trade marks.

— Regulation 67 — Information about applications and registered trade marks. After publication of an application for registration of a trade mark, the…

["Regulation 6"]

Regulation 6 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), for the entry relating to persons…

Assignment, &c. of registered trade mark.

— Regulation 24 — Assignment, &c. of registered trade mark. A registered trade mark is transmissible by assignment, testamentary disposition or operation of…

Effect of a security interest in an existing EUTM

— Regulation 18 — Effect of a security interest in an existing EUTM This paragraph applies where immediately before IP completion day an existing EUTM (or any…

Registration of certain expired European Union trade marks

— Regulation 22 — Registration of certain expired European Union trade marks This Part applies to a trade mark which was registered in the EUTM Register…

Publication, opposition proceedings and observations.

— Regulation 38 — Publication, opposition proceedings and observations. When an application for registration has been accepted, the registrar shall cause the…

Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 30

— Regulation 31 — Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 30 Where a relevant mark has…

Forfeiture: Scotland.

— Regulation 98 — Forfeiture: Scotland. In Scotland the court may make an order for the forfeiture of any— goods which bear, or the packaging of which bears, a…

Effect of seniority claim

— Regulation 13 — Effect of seniority claim This paragraph applies where immediately before IP completion day an existing EUTM has a valid claim to seniority…

Power of Secretary of State to make rules.

— Regulation 78 — Power of Secretary of State to make rules. The Secretary of State may make rules— for the purposes of any provision of this Act authorising…

Adaptation of expressions for Scotland.

— Regulation 102 — Adaptation of expressions for Scotland. In the application of this Act to Scotland— “account of profits” means accounting and payment of…

["Regulation 18"]

Regulation 18 An application under section 32 or 34 of the 1938 Act (rectification or correction of the register) which is pending on the commencement of this…

Certain international trade marks protected in the European Union to be treated as registered trade marks

— Regulation 54A — Certain international trade marks protected in the European Union to be treated as registered trade marks Schedule 2B makes provision for…

Acts of agent or representative: Article 6septies.

— Regulation 60 — Acts of agent or representative: Article 6septies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

["Regulation 9"]

Regulation 9 The regulations governing the use of a registered collective mark shall be open to public inspection in the same way as the register.

Renewal of registration.

— Regulation 43 — Renewal of registration. The registration of a trade mark may be renewed at the request of the proprietor, subject to payment of a renewal…

Date of filing.

— Regulation 33 — Date of filing. The date of filing of an application for registration of a trade mark is the date on which documents containing everything…

["Regulation 6"]

Regulation 6 An applicant for registration of a certification mark must file with the registrar regulations governing the use of the mark. The regulations must…

The trade marks journal.

— Regulation 81 — The trade marks journal. Provision shall be made by rules for the publication by the registrar of a journal containing particulars of any…

Certain trade marks registered as European Union trade marks to be treated as registered trade marks

— Regulation 52A — Certain trade marks registered as European Union trade marks to be treated as registered trade marks Schedule 2A makes provision for…

["Regulation 1"]

Regulation 1 References in statutory provisions passed or made before the commencement of this Act to trade marks or registered trade marks within the meaning…

Trade marks.

— Regulation 1 — Trade marks. In this Act “trade mark” means any sign which is capable— of being represented in the register in a manner which enables the…

Application for registration.

— Regulation 32 — Application for registration. An application for registration of a trade mark shall be made to the registrar. The application shall contain—…

Registrar’s appearance in proceedings involving the register.

— Regulation 74 — Registrar’s appearance in proceedings involving the register. In proceedings before the court involving an application for— the revocation of…

Protection of well-known trade marks: Article 6bis.

— Regulation 56 — Protection of well-known trade marks: Article 6bis. References in this Act to a trade mark which is entitled to protection under the Paris…

["Regulation 7"]

Regulation 7 The registrar shall consider whether the requirements mentioned in paragraph 6(1) are met. If it appears to the registrar that those requirements…

Application for registration under this Act based upon an existing ITM application or an existing request for EU extension recorded in the International Register prior to IP completion day

— Regulation 28 — Application for registration under this Act based upon an existing ITM application or an existing request for EU extension recorded in the…

Consequential amendments and repeals.

— Regulation 106 — Consequential amendments and repeals. The enactments specified in Schedule 4 are amended in accordance with that Schedule, the amendments…

["Regulation 3"]

Regulation 3 Notwithstanding section 3(1)(c), a certification mark may be registered which consists of signs or indications which may serve, in trade, to…

Right to prevent goods entering the UK without being released for free circulation

— Regulation 10A — Right to prevent goods entering the UK without being released for free circulation The proprietor of a registered trade mark is entitled to…

Effect of acquiescence.

— Regulation 48 — Effect of acquiescence. Where the proprietor of an earlier trade mark or other earlier right has acquiesced for a continuous period of five…

["Regulation 11"]

Regulation 11 In the case of a pending application for registration which has not been advertised under section 18 of the 1938 Act before the commencement of…

Grounds for refusal relating to only some of the goods or services

— Regulation 5A — Grounds for refusal relating to only some of the goods or services Where grounds for refusal of an application for registration of a trade…

Search warrants

— Regulation 92A — Search warrants Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied by information on oath given by a…

["Regulation 8"]

Regulation 8 The registrar shall consider whether the requirements mentioned in paragraph 7(1) are met. If it appears to the registrar that those requirements…

Interpretation

— Regulation 27 — Interpretation In this Part— references to an “existing ITM application” are to an international application which contains a request for…

["Regulation 7"]

Regulation 7 A certification mark shall not be registered unless— the regulations governing the use of the mark— comply with paragraph 6(2) and any further…

The register.

— Regulation 63 — The register. The registrar shall maintain a register of trade marks. References in this Act to “the register” are to that register; and…

Renewal of a comparable trade mark (EU) which expires within six months after IP completion day

— Regulation 5 — Renewal of a comparable trade mark (EU) which expires within six months after IP completion day This paragraph applies to the renewal of the…

Appeals from the registrar.

— Regulation 76 — Appeals from the registrar. An appeal lies from any decision of the registrar under this Act, except as otherwise expressly provided by…

["Regulation 14"]

Regulation 14 Where before the commencement of this Act a person has duly filed an application for protection of a trade mark in a relevant country within the…

Nature of registered trade mark.

— Regulation 22 — Nature of registered trade mark. A registered trade mark is personal property (in Scotland, incorporeal moveable property).

["Regulation 10"]

Regulation 10 The regulations governing the use of a registered certification mark shall be open to public inspection in the same way as the register.

Fees.

— Regulation 79 — Fees. There shall be paid in respect of applications and registration and other matters under this Act such fees as may be prescribed…

Interpretation

— Interpretation — Regulation 34 — Interpretation In this Schedule— “comparable trade mark (IR)” has the meaning given by paragraph 1 (4); “the Common…

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

— Regulation 61 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

Burden of proving use of trade mark.

— Regulation 100 — Burden of proving use of trade mark. If in any civil proceedings under this Act a question arises as to the use to which a registered trade…

["Regulation 19"]

Regulation 19 Regulations governing the use of an existing registered certification mark deposited at the Patent Office in pursuance of section 37 of the 1938…

Duration of registration.

— Regulation 42 — Duration of registration. A trade mark shall be registered for a period of ten years from the date of registration. Registration may be…

Privilege for communications with registered trade mark agents.

— Regulation 87 — Privilege for communications with registered trade mark agents. This section applies to— communications as to any matter relating to the…

Determination of invalidity and liability to revocation in relation to claims of seniority

— Regulation 14 — Determination of invalidity and liability to revocation in relation to claims of seniority Where pursuant to paragraph 13 a comparable trade…

Period after which remedy of delivery up not available.

— Regulation 18 — Period after which remedy of delivery up not available. An application for an order under section 16 (order for delivery up of infringing…

Co-ownership of registered trade mark.

— Regulation 23 — Co-ownership of registered trade mark. Where a registered trade mark is granted to two or more persons jointly, each of them is entitled…

Emblems, &c. of certain international organisations: Article 6ter.

— Regulation 58 — Emblems, &c. of certain international organisations: Article 6ter. This section applies to— the armorial bearings, flags or other emblems…

Rights conferred by registered trade mark

— Regulation 11 — Rights conferred by registered trade mark Section 9 applies in relation to a comparable trade mark (IR) but as if— the words in brackets in…

Power to require use of forms.

— Regulation 66 — Power to require use of forms. The registrar may require the use of such forms as he may direct for any purpose relating to the registration…

Existing EUTM: effect of invalidity or revocation

— Regulation 21A — Existing EUTM: effect of invalidity or revocation This paragraph applies where, on IP completion day, an existing EUTM is the subject of…

Threats of infringement proceedings

— Regulation 21 — Threats of infringement proceedings A communication contains a “threat of infringement proceedings” if a reasonable person in the position of…

General provisions as to rights of licensees in case of infringement.

— Regulation 30 — General provisions as to rights of licensees in case of infringement. This section has effect with respect to the rights of a licensee in…

["Regulation 3"]

Regulation 3 A condition entered on the former register in relation to an existing registered mark immediately before the commencement of this Act shall cease…

Application of Part

— Regulation 24 — Application of Part This Part applies to an application for registration of a trade mark under the EUTM Regulation in respect of which the…

["Regulation 12"]

Regulation 12 The following provisions (which correspond to the provisions of section 30 (general provisions as to rights of licensees in case of…

Falsification of register, &c.

— Regulation 94 — Falsification of register, &c. It is an offence for a person to make, or cause to be made, a false entry in the register of trade marks…

["Regulation 2"]

Regulation 2 Existing registered marks (whether registered in Part A or B of the register kept under the 1938 Act) shall be transferred on the commencement of…

Restoration of a comparable trade mark (IR)

— Regulation 6 — Restoration of a comparable trade mark (IR) Where a comparable trade mark (IR) is removed from the register pursuant to paragraph 5, the rules…

["Regulation 8"]

Regulation 8 The regulations shall be published and notice of opposition may be given, and observations may be made, relating to the matters mentioned in…

Effect of claim of priority

— Regulation 13 — Effect of claim of priority This paragraph applies where— a right of priority was claimed in respect of an international application for…

Relative grounds for refusal of registration.

— Regulation 5 — Relative grounds for refusal of registration. A trade mark shall not be registered if it is identical with an earlier trade mark and the goods…

Effect of disclaimer

— Regulation 12 — Effect of disclaimer Where, immediately before IP completion day, the protection in the European Union of an existing IR(EU) is subject to a…

Effect of a licence of an existing EUTM

— Regulation 17 — Effect of a licence of an existing EUTM This paragraph applies where immediately before IP completion day an existing EUTM is the subject of…

Restoration of a comparable trade mark (EU)

— Regulation 6 — Restoration of a comparable trade mark (EU) Where a comparable trade mark (EU) is removed from the register pursuant to paragraph 5, the rules…

["Regulation 14"]

Regulation 14 Apart from the grounds of invalidity provided for in section 47, the registration of a collective mark shall be declared invalid on the ground…

["Regulation 1"]

Regulation 1 In this Schedule— “existing registered mark” means a trade mark, certification trade mark or service mark registered under the 1938 Act…

Renewal of a comparable trade mark (IR) which expires within six months after IP completion day

— Regulation 5 — Renewal of a comparable trade mark (IR) which expires within six months after IP completion day This paragraph applies to the renewal of the…

Meaning of “infringing goods, material or articles”.

— Regulation 17 — Meaning of “infringing goods, material or articles”. In this Act the expressions “infringing goods”, “infringing material” and “infringing…

Comparable trade mark (IR) which derives from a mark treated as an EU Collective Mark or EU Certification Mark

— Regulation 4 — Comparable trade mark (IR) which derives from a mark treated as an EU Collective Mark or EU Certification Mark This paragraph applies where…

Meaning of “European Union trade mark”

— Regulation 51 — Meaning of “European Union trade mark” In this Act— “European Union trade mark” has the meaning given by Article 1(1) of the European Union…

Application for registration based upon a cancelled international registration

— Regulation 33 — Application for registration based upon a cancelled international registration This paragraph applies where— a person who has filed a…

Effect of a licence of an existing IR(EU)

— Regulation 18 — Effect of a licence of an existing IR(EU) This paragraph applies where immediately before IP completion day an existing IR(EU) is the subject…

Costs and security for costs.

— Regulation 68 — Costs and security for costs. Provision may be made by rules empowering the registrar, in any proceedings before him under this Act— to award…

["Regulation 14"]

Regulation 14 In infringement proceedings brought by the proprietor of a registered certification mark any loss suffered or likely to be suffered by authorised…

Professional advisers

— Regulation 21D — Professional advisers Proceedings in respect of an actionable threat may not be brought against a professional adviser (or any person…

Adaptation of entries to new classification.

— Regulation 65 — Adaptation of entries to new classification. Provision may be made by rules empowering the registrar to do such things as he considers…

The Madrid Protocol.

— Regulation 53 — The Madrid Protocol. In this Act— “the Madrid Protocol” means the Protocol relating to the Madrid Agreement concerning the International…

An international trade mark protected in the European Union to be treated as registered under this Act

— Regulation 1 — An international trade mark protected in the European Union to be treated as registered under this Act A trade mark which, immediately before…

["Regulation 17"]

Regulation 17 An application under section 26 of the 1938 Act (removal from register or imposition of limitation on ground of non-use) which is pending on the…

["Regulation 5"]

Regulation 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Renewal of an expired IR(EU): territorial extension under Article 3ter(2)

— Regulation 26 — Renewal of an expired IR(EU): territorial extension under Article 3ter(2) This paragraph applies where the protection in the European Union…

Registration: supplementary provisions.

— Regulation 41 — Registration: supplementary provisions. Provision may be made by rules as to— the division of an application for the registration of a trade…

Existing IR(EU): pending proceedings

— Regulation 21 — Existing IR(EU): pending proceedings (7) and 132) continue to apply to the pending proceedings as if the United Kingdom were still a Member…

Notification under Article 6ter of the Convention.

— Regulation 59 — Notification under Article 6ter of the Convention. (3). Any reference in this section to Article 6ter of the Paris Convention shall be…

Unregistered persons not to be described as registered trade mark agents.

— Regulation 84 — Unregistered persons not to be described as registered trade mark agents. 83. A person who contravenes this section commits an offence and is…

Order as to disposal of infringing goods, material or articles.

— Regulation 19 — Order as to disposal of infringing goods, material or articles. to a person having an interest in goods, material or articles include any…

Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 26

— Regulation 27 — Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 26 (2). The declaration is that, if…

Determination of invalidity and liability to revocation in relation to claims of seniority

— Regulation 15 — Determination of invalidity and liability to revocation in relation to claims of seniority 47. Where the declaration is that had the trade…

Regulation of trade mark attorneys

— Regulation 83A — Regulation of trade mark attorneys of the Legal Services Act 2007 are to be treated as such arrangements for the purposes of that Act…

Effect of a licence of an existing EUTM

— Regulation 17 — Effect of a licence of an existing EUTM (6)(a), the “relevant period” means the period of twelve months beginning with the day after that on…

An international trade mark protected in the European Union to be treated as registered under this Act

— Regulation 1 — An international trade mark protected in the European Union to be treated as registered under this Act (1) is referred to in this Act as a…

Raising of relative grounds in opposition proceedings in case of non-use

— Regulation 6A — Raising of relative grounds in opposition proceedings in case of non-use (1)(a) or (where applicable) the date of the priority claimed for…

Determination of invalidity and liability to revocation in relation to claims of seniority

— Regulation 14 — Determination of invalidity and liability to revocation in relation to claims of seniority (2). The declaration is that if the trade mark had…

Exclusive licensee having rights and remedies of assignee.

— Regulation 31 — Exclusive licensee having rights and remedies of assignee. mentioned in subsection

["Regulation 8"]

Regulation 8 (4) of this Act do not apply) as regards the consequences of failing to register.

National emblems, &c. of Convention countries: Article 6ter.

— Regulation 57 — National emblems, &c. of Convention countries: Article 6ter. authorities of a Convention country is or would be required for the registration…

Existing EUTM: pending proceedings

— Regulation 20 — Existing EUTM: pending proceedings (4)) the registration of a comparable trade mark (EU) is revoked to any extent, the rights of the…

Specially protected emblems.

— Regulation 4 — Specially protected emblems. or insignia so nearly resembling such arms as to be likely to be mistaken for them, unless it appears to the…

Forfeiture: England and Wales or Northern Ireland.

— Regulation 97 — Forfeiture: England and Wales or Northern Ireland. or batch or otherwise). Any person aggrieved by an order made under this section by a…

Infringement of registered trade mark.

— Regulation 10 — Infringement of registered trade mark. (3) applies irrespective of whether the goods and services in relation to which the sign is used are…

Application for registration based upon a cancelled international registration

— Regulation 33 — Application for registration based upon a cancelled international registration (1), the date of registration accorded to the international…

Effect of a licence of an existing IR(EU)

— Regulation 18 — Effect of a licence of an existing IR(EU) (6)(a), the “relevant period” means the period of twelve months beginning with the day after that…

Existing EUTM: effect of invalidity or revocation

— Regulation 21A — Existing EUTM: effect of invalidity or revocation (2) where the grounds on which the existing EUTM was revoked or declared invalid (whether…

Interpretation

— Interpretation — Regulation 34 — Interpretation (2); “the previous EUTM Regulations” means Council Regulation (EC) No 207/2009 of 26th February 2009 on the…

Effect of a security interest in an existing IR(EU)

— Regulation 19 — Effect of a security interest in an existing IR(EU) (5)(a), the “relevant period” means the period of twelve months beginning with the day…

Power to require that relative grounds be raised in opposition proceedings.

— Regulation 8 — Power to require that relative grounds be raised in opposition proceedings. (1) shall be laid before Parliament until after the end of the…

Meaning of “infringing goods, material or articles”.

— Regulation 17 — Meaning of “infringing goods, material or articles”. (6) of Schedule 2 to the Retained EU Law (Revocation and Reform) Act 2023, as a…

Persons appointed to hear and determine appeals.

— Regulation 77 — Persons appointed to hear and determine appeals. Chancellor may remove a person from office under subsection (3)(c) only with the concurrence…

Forfeiture: Scotland.

— Regulation 98 — Forfeiture: Scotland. (2)(a) shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the goods…

Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 30

— Regulation 31 — Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 30 (2); where the application for…

["Regulation 14"]

Regulation 14 rights outstanding, and it has not yet served as a basis for claiming a right of priority. The previous application may not thereafter serve as a…

Claim to priority of Convention application.

— Regulation 35 — Claim to priority of Convention application. and it has not yet served as a basis for claiming a right of priority. The previous application…

Interpretation

— Regulation 27 — Interpretation (2); and as at the time immediately before IP completion day, the request for extension of protection to the European Union…

Renewal of an expired IR(EU): territorial extension under Article 3ter(2)

— Regulation 26 — Renewal of an expired IR(EU): territorial extension under Article 3ter(2) (1) to (3A) does not apply). The registration of the comparable…

Permitted communications

— Regulation 21B — Permitted communications (1)(b)(i))— a statement that a registered trade mark exists and is in force or that an application for the…

Grounds for invalidity of registration.

— Regulation 47 — Grounds for invalidity of registration. (6). ... The registration of a trade mark may not be declared invalid on the ground that there is an…

Meaning of “earlier trade mark”.

— Regulation 6 — Meaning of “earlier trade mark”. mark in question or (where appropriate) of the priority claimed in respect of the application, was entitled…

Opt out

— Regulation 2 — Opt out (2), the proprietor of an existing EUTM may, at any time on or after IP completion day, serve notice on the registrar that the trade…

Registration of transactions affecting registered trade mark.

— Regulation 25 — Registration of transactions affecting registered trade mark. transaction is made before the end of the period of six months beginning with…

Unauthorised use of trade mark, &c. in relation to goods.

— Regulation 92 — Unauthorised use of trade mark, &c. in relation to goods. to cause loss to another, and without the consent of the proprietor— makes an…

Protection of well-known trade marks: Article 6bis.

— Regulation 56 — Protection of well-known trade marks: Article 6bis. (2)(b) applies irrespective of whether the goods or services in relation to which the…

General provisions as to rights of licensees in case of infringement.

— Regulation 30 — General provisions as to rights of licensees in case of infringement. (4) shall not be made liable for any costs in the action unless he…

Absolute grounds for refusal of registration.

— Regulation 3 — Absolute grounds for refusal of registration. (1), trade marks which are devoid of any distinctive character, trade marks which consist…

A trade mark registered as an existing EUTM to be treated as registered under this Act

— Regulation 1 — A trade mark registered as an existing EUTM to be treated as registered under this Act (1) applies in relation to the provision of information…

Opt out

— Regulation 2 — Opt out (6), the proprietor of an existing IR(EU) may, at any time on or after IP completion day, serve notice on the registrar that the trade…

Revocation of registration.

— Regulation 46 — Revocation of registration. (1)(a) or (b) if such use as is referred to in that paragraph is commenced or resumed after the expiry of the…

["Regulation 12"]

Regulation 12 (4) shall not be made liable for any costs in the action unless he takes part in the proceedings. In infringement proceedings brought by the…

Limits on effect of registered trade mark.

— Regulation 11 — Limits on effect of registered trade mark. (1) ... applies, the later registered trade mark is not infringed by the use of the earlier trade…

["Regulation 3"]

Regulation 3 (1)(c) (effect of war on registration of trade marks), section 6 (1) (power of comptroller to extend time limits), section 7 (1)(a) (evidence as…

Application for registration under this Act based upon an existing ITM application or an existing request for EU extension recorded in the International Register on or after IP completion day

— Regulation 29 — Application for registration under this Act based upon an existing ITM application or an existing request for EU extension recorded in the…

Relative grounds for refusal of registration.

— Regulation 5 — Relative grounds for refusal of registration. (3) applies irrespective of whether the goods and services for which the trade mark is to be…

Application for registration under this Act based upon an existing ITM application or an existing request for EU extension recorded in the International Register prior to IP completion day

— Regulation 28 — Application for registration under this Act based upon an existing ITM application or an existing request for EU extension recorded in the…

Opt out

— Regulation 2 — Opt out consents to the opt out. Where a notice has been served in accordance with this paragraph— the comparable trade mark (IR) which…

Application for registration based upon a cancelled international registration

— Regulation 33 — Application for registration based upon a cancelled international registration (3)(b) unless the request for extension was recorded in the…

Determination of invalidity and liability to revocation in relation to claims of seniority

— Regulation 14 — Determination of invalidity and liability to revocation in relation to claims of seniority (5). The declaration is that, if the trade mark…

Limits on effect of registered trade mark.

— Regulation 11 — Limits on effect of registered trade mark. proprietor or a predecessor in title of his; and an earlier right shall be regarded as applying in…

Determination of invalidity and liability to revocation in relation to claims of seniority

— Regulation 15 — Determination of invalidity and liability to revocation in relation to claims of seniority (5). The declaration is that, if the trade mark…

Relative grounds for refusal of registration.

— Regulation 5 — Relative grounds for refusal of registration. (4)(a) is that the rights to the unregistered trade mark or other sign were acquired prior to…

Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 26

— Regulation 27 — Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 26 (5). The declaration is that, if…

Existing IR(EU): pending proceedings

— Regulation 21 — Existing IR(EU): pending proceedings (4)) the registration of a comparable trade mark (IR) is declared invalid to any extent, the…

Forfeiture: Scotland.

— Regulation 98 — Forfeiture: Scotland. (2)(a), any person who appeared, or was entitled to appear, to show cause why goods, material or articles should not be…

Raising of relative grounds in opposition proceedings in case of non-use

— Regulation 6A — Raising of relative grounds in opposition proceedings in case of non-use for which it is registered, it shall be treated for the purposes of…

Exclusive licensee having rights and remedies of assignee.

— Regulation 31 — Exclusive licensee having rights and remedies of assignee. (4) shall not be made liable for any costs in the action unless he takes part in…

Opt out

— Regulation 2 — Opt out mark (EU) which derives from the existing EUTM ceases with effect from IP completion day to be treated as if it had been registered…

Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 30

— Regulation 31 — Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 30 (4) to the international trade…

Absolute grounds for refusal of registration.

— Regulation 3 — Absolute grounds for refusal of registration. under— any enactment or rule of law, or…

Meaning of “earlier trade mark”.

— Regulation 6 — Meaning of “earlier trade mark”. (1)(ab), subject to its being so registered. Where an application for registration of a trade mark has been…

Grounds for invalidity of registration.

— Regulation 47 — Grounds for invalidity of registration. (1)(a) has expired, or it has not been so used, but there are proper reasons for non-use. For these…

Infringement of registered trade mark.

— Regulation 10 — Infringement of registered trade mark. Regulations 2008…

Forfeiture: England and Wales or Northern Ireland.

— Regulation 97 — Forfeiture: England and Wales or Northern Ireland. (7), where any goods, material or articles are forfeited under this section they shall be…

An international trade mark protected in the European Union to be treated as registered under this Act

— Regulation 1 — An international trade mark protected in the European Union to be treated as registered under this Act (1) applies in relation to the…

Renewal of an expired IR(EU): territorial extension under Article 3ter(2)

— Regulation 26 — Renewal of an expired IR(EU): territorial extension under Article 3ter(2) (6) applies to the registration of a comparable trade mark (IR)…

Existing EUTM: effect of invalidity or revocation

— Regulation 21A — Existing EUTM: effect of invalidity or revocation (3) (“the decision date”); any contract entered into prior to the decision date to the…

An international trade mark protected in the European Union to be treated as registered under this Act

— Regulation 1 — An international trade mark protected in the European Union to be treated as registered under this Act (2) of the European Union Trade Mark…

Determination of invalidity and liability to revocation in relation to claims of seniority

— Regulation 14 — Determination of invalidity and liability to revocation in relation to claims of seniority (5) is that if the goods or services had not been…

Application for registration based upon a cancelled international registration

— Regulation 33 — Application for registration based upon a cancelled international registration (1)(b), as they apply in relation to an application for…

Exclusive licensee having rights and remedies of assignee.

— Regulation 31 — Exclusive licensee having rights and remedies of assignee. of subsections (4) to (7) above have effect subject to any agreement to the…

Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 30

— Regulation 31 — Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 30 (6)(a)(iii) unless the request…

Determination of invalidity and liability to revocation in relation to claims of seniority

— Regulation 15 — Determination of invalidity and liability to revocation in relation to claims of seniority (2), a right of priority claimed pursuant to…

Grounds for invalidity of registration.

— Regulation 47 — Grounds for invalidity of registration. (1)(c). An application for a declaration of invalidity on the basis of an earlier trade mark must be…

Forfeiture: Scotland.

— Regulation 98 — Forfeiture: Scotland. (13), goods, material or articles forfeited under this section shall be destroyed in accordance with such directions as…

Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 26

— Regulation 27 — Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 26 (6) to sections 46 and 47 are to…

Grounds for invalidity of registration.

— Regulation 47 — Grounds for invalidity of registration. (3). An application for a declaration of invalidity may be made by any person, and may be made either…