Trade Marks Act 1994 (c. 26)

SCHEDULES

[F1 SCHEDULE 2B U.K. INTERNATIONAL TRADE MARKS PROTECTED IN THE EUROPEAN UNION

Textual Amendments

F1 Sch. 2B inserted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 4 para. 3 (with Sch. 5 Pt. 2) (as amended by S.I. 2020/1050, regs. 1(2), 22(b)); 2020 c. 1, Sch. 5 para. 1(1)

PART 2 U.K. Treatment of international trade marks protected in the European Union which expire during the period of six months ending on IP completion day

Renewal of an expired IR(EU) U.K.

24 (1) Where within the period beginning with IP completion day and ending with the end of the relevant period—

(a) the international registration to which an expired IR(EU) is subject is renewed in accordance with Article 7; and

(b) the proprietor of the expired IR(EU) notifies the registrar of such renewal (a “renewal notice”),

paragraphs 25 and 26 apply to the renewal of the registration of the comparable trade mark (IR) which derives from the expired IR(EU).

(2) If within the period referred to in sub-paragraph (1) the proprietor fails to notify the registrar in accordance with sub-paragraph (1)(b)—

(a) the registrar must remove from the register the comparable trade mark (IR) which derives from the expired IR(EU); and

(b) the comparable trade mark (IR) ceases with effect from IP completion day to be treated as if it had been registered under this Act.

(3) In sub-paragraph (1), the “relevant period” means the period of nine months beginning with the day after that on which IP completion day falls.]