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The Trade Marks Rules 2008
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Amendment of regulations of collective and certification marks; Schedule 1 paragraph 10 and Schedule 2 paragraph 11 (Forms TM36 & TM7)U.K.
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30.—(1) An application for the amendment of the regulations governing the use of a registered collective or certification mark shall be filed on Form TM36.
(2) Where it appears to be expedient to the registrar that the amended regulations should be made available to the public the registrar shall publish a notice in the Journal indicating where copies of the amended regulations may be inspected.
(3) Any person may, within two months of the date of publication of the notice under paragraph (2), make observations to the registrar on the amendments relating to the matters referred to in paragraph 6(1) of Schedule 1 to the Act in relation to a collective mark, or paragraph 7(1) of Schedule 2 to the Act in relation to a certification mark and the registrar shall send a copy of those observations to the proprietor.
(4) Any person may, within two months of the date on which the notice was published under paragraph (2), give notice to the registrar of opposition to the amendment on Form TM7 which shall include a statement of the grounds of opposition indicating why the amended regulations do not comply with the requirements of paragraph 6(1) of Schedule 1 to the Act, or, as the case may be, paragraph 7(1) of Schedule 2 to the Act.
(5) The registrar shall send a copy of Form TM7 to the proprietor and the procedure in rules 18 and 20 shall apply to the proceedings relating to the opposition to the amendment as they apply to proceedings relating to opposition to an application for registration, but with the following modifications—
(a)any reference to—
(i)the applicant shall be construed as a reference to the proprietor,
(ii)an application for registration shall be construed as a reference to an application for the amendment of the regulations,
(iii)the person opposing the registration shall be construed as a reference to the person opposing the amendment of the regulations;
(b)the relevant period, referred to in rule 18(1), shall for these purposes be the period of two months [F1beginning immediately after] the date upon which the registrar sent a copy of Form TM7 to the proprietor;
(c)rules 18(3) to (6), 20(2) and (3) shall not apply.
Textual Amendments
F1Words in rule 30(5)(b) substituted (31.3.2013) by The Trade Marks and Registered Designs (Amendment) Rules 2013 (S.I. 2013/444), rules 1, 4, Sch. 1 (with rule 8)
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