SCHEDULES

F1SCHEDULE 2BINTERNATIONAL TRADE MARKS PROTECTED IN THE EUROPEAN UNION

Annotations:

PART 1Existing international trade marks protected in the European Union

9Grounds for invalidity of registration of a trade mark based upon an earlier comparable trade mark (IR)

1

Section 47 applies where an earlier trade mark is a comparable trade mark (IR), subject to the modifications set out below.

2

Where the period of five years referred to in sections 47(2A)(a) and 47(2B) (the “five-year period”) has expired before IP completion day—

a

the references in section 47(2B) and (2E) to the earlier trade mark are to be treated as references to the corresponding (IR); and

b

the references in section 47 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 47(2B) and (2E) to the earlier trade mark are to be treated as references to the corresponding (IR); and

b

the references in section 47 to the United Kingdom include the European Union.