SCHEDULES
F1SCHEDULE 2AEUROPEAN UNION TRADE MARKS
PART 4Restoration of European Union trade mark registrations and applications
28Restoration of a European Union trade mark to the EUTM Register
1
This paragraph applies where—
a
before IP completion day a trade mark is removed from the EUTM Register pursuant to the European Union Trade Mark Regulation; and
b
on or after IP completion day the trade mark is restored to the EUTM Register pursuant to the Continuing EUTM Regulation.
2
Where the proprietor of a European Union trade mark referred to in sub-paragraph (1)(b) files a request with the registrar within the period of six months beginning with the date of such restoration—
a
the trade mark will be treated as if it was an existing EUTM on IP completion day; and
b
the provisions of Part 1 apply to the comparable trade mark (EU) which derives from the existing EUTM.
29Restoration of an application for a European Union trade mark
1
This paragraph applies where—
a
before IP completion day an application for a European Union trade mark is refused pursuant to the European Union Trade Mark Regulation; and
b
on or after IP completion day the application (a “relevant application”) is restored pursuant to the Continuing EUTM Regulation.
2
Where a person who has filed a relevant application or a successor in title of that person applies for registration of the same trade mark under this Act for some or all of the same goods or services, the provisions of paragraphs 25, 26 and 27 apply to the relevant application as if it were an existing EUTM application but as if the “relevant period” in paragraph 25(2) meant the period of nine months beginning with the date on which the relevant application is restored as referred to in sub-paragraph (1)(b).
Sch. 2A inserted (31.12.2020) by The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/269), reg. 1(1), Sch. 1 para. 3 (as amended by S.I. 2020/1050, regs. 1(2), 9(b)(i)(ii)); 2020 c. 1, Sch. 5 para. 1(1)