Part IIEuropean Union trade marks and international matters

F1European Union trade marks

F251.Meaning of “European Union trade mark”

In this Act—

“European Union trade mark” has the meaning given by Article 1(1) of the European Union Trade Mark Regulation; and

“the European Union Trade Mark Regulation” means Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union Trade Mark.

52 Power to make provision in connection with F3European Union Trade Mark Regulation.

(1)

The Secretary of State may by regulations make such provision as he considers appropriate in connection with the operation of the F4European Union Trade Mark Regulation.

(2)

Provision may, in particular, be made with respect to—

F5(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

the procedures for determininga posteriori the invalidity, or liability to revocation, of the registration of a trade mark from which a F4European Union trade mark claims seniority;

(c)

the conversion of a F4European Union trade mark, or an application for a F4European Union trade mark, into an application for registration under this Act;

(d)

the designation of courts in the United Kingdom having jurisdiction over proceedings arising out of the F4European Union Trade Mark Regulation.

(3)

Without prejudice to the generality of subsection (1), provision may be made by regulations under this section—

(a)

applying in relation to a F4European Union trade mark the provisions of—

F6(i)

sections 21 to 21F (unjustified threats);

(ii)

sections 89 to 91 (importation of infringing goods, material or articles); and

(iii)

sections 92, 93, 95 and 96 (offences); and

(b)

making in relation to the list of professional representatives maintained in pursuance of F7Article 93 of the F4European Union Trade Mark Regulation, and persons on that list, provision corresponding to that made by, or capable of being made under, sections 84 to 88 in relation to the register of F8trade mark attorneys and registered trade mark attorneys.

F9(3A)

The reference in subsections (1) and (2)(d) to the European Union Trade Mark Regulation includes a reference to Council Regulation (EC) No 40/94 of 20th December 1993 on the Community trade mark .

(4)

Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.