Commission Delegated Regulation (EU) 2019/33Dangos y teitl llawn

[F1 6. Any reference in this Part to: U.K.

(a)

‘the priority date’ means the date provided for in priority provisions in an EUIA as the date that must be taken into account when determining whether an application for a trade mark may be granted, including:

(i)

a calendar date specified in the EUIA;

(ii)

a date relating to the happening of a specified event;

(b)

‘priority provisions’ means provisions in an EUIA that governed the relationship between trade marks and traditional terms that provided (however expressed):

(i)

that, in the circumstances specified in the EUIA, an application for a trade mark must be refused if the application for the trade mark was filed after a date provided for in the EUIA,

(ii)

that, in the circumstances specified in the EUIA, the registration of a trade mark must be invalidated if the application that resulted in the registration of that trade mark was filed after a date provided for in the EUIA, or

(iii)

for both the refusal of applications for trade marks, and the invalidation of the registration of trade marks, as provided for in points (i) and (ii);

(c)

‘without the need for further action to be taken under the EUIA’, in relation to a traditional term protected in the European Union immediately before IP completion day pursuant to an EUIA, means that the provisions in the EUIA providing for the traditional term to be protected in the European Union did not require:

(i)

a request or application (however described) to be submitted by the contracting third country under the EUIA in relation to the protection of the traditional term;

(ii)

an assessment to be carried out under the EUIA in relation to the traditional term.]

Textual Amendments

F1 Annex A1 inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(50), Sch. 8 Pt. 6 (as amended by S.I. 2020/1661, regs. 1(2)(b), 16(10)(c))