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The Trade Marks Rules 2008
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Merger of separate applications or registrations; section 41 (Form TM17)U.K.
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27.—F1(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The proprietor of two or more registrations of a trade mark [F2, the applications relating to which were filed on the same date,] may request the registrar on Form TM17 to merge them into a single registration and the registrar shall, if satisfied that the registrations are in respect of the same trade mark, merge them into a single registration.
[F3(3A) No application under paragraph (3) may be granted in respect of the registration of a trade mark which—
(a)is the subject of proceedings for its revocation or invalidation; or
(b)is the subject of an international registration within the meaning of article 2 of the Trade Marks (International Registration) Order 2008 which has not become independent of the trade mark as provided for in accordance with Article 6 of the Madrid Protocol.]
(4) Where any registration of a trade mark to be merged under paragraph (3) is subject to a disclaimer or limitation, the merged registration shall also be restricted accordingly.
(5) Where any registration of a trade mark to be merged under paragraph (3) has had registered in relation to it particulars relating to the grant of a licence or a security interest or any right in or under it, or of any memorandum or statement of the effect of a memorandum, the registrar shall enter in the register the same particulars in relation to the merged registration.
(6) The date of registration of the merged registration shall, where the separate registrations bear different dates of registration, be the latest of those dates.
Textual Amendments
F1Rule 27(1)(2) revoked (1.10.2012) by The Trade Marks and Trade Marks (Fees) (Amendment) Rules 2012 (S.I. 2012/1003), rules 1, 2(3)(a) (with rule 4)
F2Words in rule 27(3) inserted (1.10.2012) by The Trade Marks and Trade Marks (Fees) (Amendment) Rules 2012 (S.I. 2012/1003), rules 1, 2(3)(b) (with rule 4)
F3Rule 27(3A) inserted (1.10.2012) by The Trade Marks and Trade Marks (Fees) (Amendment) Rules 2012 (S.I. 2012/1003), rules 1, 2(3)(c) (with rule 4)
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