SCHEDULES
F1SCHEDULE 2BINTERNATIONAL TRADE MARKS PROTECTED IN THE EUROPEAN UNION
PART 1Existing international trade marks protected in the European Union
7Raising of relative grounds in opposition proceedings in case of non-use
1
Section 6A applies where an earlier trade mark is a comparable trade mark (IR), subject to the modifications set out below.
2
Where the relevant period referred to in section 6A(3)(a) (the “five-year period”) has expired before IP completion day—
a
the references in section 6A(3) and (6) to the earlier trade mark are to be treated as references to the corresponding (IR); and
b
the references in section 6A(3) and (4) to the United Kingdom include the European Union.
3
Where IP completion day falls within the five-year period, in respect of that part of the five-year period which falls before IP completion day—
a
the references in section 6A(3) and (6) to the earlier trade mark are to be treated as references to the corresponding (IR); and
b
the references in section 6A to the United Kingdom include the European Union.
Sch. 2B inserted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 4 para. 3 (with Sch. 5 Pt. 2) (as amended by S.I. 2020/1050, regs. 1(2), 22(b)); 2020 c. 1, Sch. 5 para. 1(1)