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PART 2 U.K.Amendments to the 1994 Act

Publication, opposition proceedings and observationsU.K.

19.—(1) Section 38 is amended as follows.

(2) After subsection (2) insert—

(2A) Where a notice of opposition is filed on the basis of one or more earlier trade marks or other earlier rights—

(a)the rights (if plural) must all belong to the same proprietor;

(b)the notice may be filed on the basis of part, or the totality, of the goods or services in respect of which the earlier right is protected or applied for.

(2B) A notice of opposition may be directed against part or the totality of the goods or services in respect of which the contested mark is applied for..