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There are currently no known outstanding effects for the The Trade Marks Rules 2008, Section 12.
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12.—(1) Where—
(a)a person has failed to file an address for service under rule 11(1); and
(b)the registrar has sufficient information enabling the registrar to contact that person,
the registrar shall direct that person to file an address for service.
(2) Where a direction has been given under paragraph (1), the person directed shall, before the end of the period of one month [F1beginning immediately after] the date of the direction, file an address for service.
(3) Paragraph (4) applies where—
(a)a direction was given under paragraph (1) and the period prescribed by paragraph (2) has expired; or
(b)the registrar had insufficient information to give a direction under paragraph (1),
and the person has failed to provide an address for service.
(4) Where this paragraph applies—
(a)in the case of an applicant for registration of a trade mark, the application shall be treated as withdrawn;
(b)in the case of a person opposing the registration of a trade mark, that person’s opposition shall be treated as withdrawn;
(c)in the case of a person applying for revocation, a declaration of invalidity or rectification, that person’s application shall be treated as withdrawn; and
(d)in the case of the proprietor opposing such an application, the proprietor shall be deemed to have withdrawn from the proceedings[F2;]
[F3(e)in the case of the proprietor who sends a derogation notice to the registrar, the registrar must proceed as if the proprietor had not sent a derogation notice.]
(5) In this rule an “address for service” means an address which complies with the requirements of rule 11(4) F4....
Textual Amendments
F1Words in rule. 12(2) 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)
F2Rule 12(4)(d): semicolon substituted for full stop by S.I. 2019/269, Sch. 4 para. 6A(2) (as inserted by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 11(b))
F3Rule 12(4)(e) inserted by S.I. 2019/269, Sch. 4 para. 6A(3) (as inserted by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 11(b))
F4Words in rule 12(5) omitted (6.4.2009) by virtue of The Patents, Trade Marks and Designs (Address for Service) Rules 2009 (S.I. 2009/546), rules 1, 13
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