- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
2.—(1) The Trade Mark Rules 2008(1) are amended as follows.
(2) In Rule 14—
(a)for paragraph (2) substitute—
“(2) In paragraph (1), “relevant proprietor” means the proprietor of a registered trade mark or international trade mark (UK) which is an earlier trade mark in relation to which it appears to the registrar that the conditions set out in section 5(1) or (2) obtain but does not include a proprietor who does not wish to be notified and who has notified the registrar to this effect.”.
(b)paragraphs (4) to (6) are revoked.
(3) In Rule 27—
(a)paragraphs (1) and (2) are revoked;
(b)in paragraph (3) after “The proprietor of two or more registrations of a trade mark” insert “, the applications relating to which were filed on the same date,”; and
(c)after paragraph (3) insert—
“(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(2).”.
S.I.2008/1797, to which there are amendments not relevant to these Rules.
The Madrid Protocol is defined for the purposes of the Trade Marks Act 1994 (c.26) by section 53 of that Act.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: