Non-use as defence in infringement proceedings and revocation of registration of a comparable trade mark (EU)U.K.
[F18(1)Sections 11A and 46 apply in relation to a comparable trade mark (EU), subject to the modifications set out below.
(2)Where the period of five years referred to in sections 11A(3)(a) and 46(1)(a) or (b) (the “five-year period”) has expired before IP completion day—
(a)the references in sections 11A(3) and (insofar as they relate to use of a trade mark) 46 to a trade mark are to be treated as references to the corresponding EUTM; and
(b)the references in sections 11A and 46 to the United Kingdom include the European Union.
(3)Where IP completion day falls within the five-year period, in respect of that part of the five-year period which falls before IP completion day—
(a)the references in sections 11A(3) and (insofar as they relate to use of a trade mark) 46 to a trade mark, are to be treated as references to the corresponding EUTM ; and
(b)the references in sections 11A and 46 to the United Kingdom include the European Union.]
Textual Amendments
F1Sch. 2A inserted (31.12.2020) by The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/269), reg. 1(1), Sch. 1 para. 3 (as amended by S.I. 2020/1050, regs. 1(2), 9(b)(i)(ii)); 2020 c. 1, Sch. 5 para. 1(1)