6 Meaning of “earlier trade mark”.U.K.
(1)In this Act an “earlier trade mark” means—
(a)a registered trade mark, international trade mark (UK) [F1Community trade mark or international trade mark (EC)] which has a date of application for registration earlier than that of the trade mark in question, taking account (where appropriate) of the priorities claimed in respect of the trade marks,
[F2(b) a Community trade mark or international trade mark ( EC ) which has a valid claim to seniority from an earlier registered trade mark or international trade mark ( UK ),
(ba)a registered trade mark or international trade mark (UK) which—
(i)has been converted from a Community trade mark or international trade mark (EC) which itself had a valid claim to seniority within paragraph (b) from an earlier trade mark, and
(ii)accordingly has the same claim to seniority, or]
(c)a trade mark which, at the date of application for registration of the trade mark in question or (where appropriate) of the priority claimed in respect of the application, was entitled to protection under the Paris Convention [F3or the WTO agreement] as a well known trade mark.
(2)References in this Act to an earlier trade mark include a trade mark in respect of which an application for registration has been made and which, if registered, would be an earlier trade mark by virtue of subsection (1)(a) or (b), subject to its being so registered.
(3)A trade mark within subsection (1)(a) or (b) whose registration expires shall continue to be taken into account in determining the registrability of a later mark for a period of one year after the expiry unless the registrar is satisfied that there was nobona fide use of the mark during the two years immediately preceding the expiry.
Textual Amendments
F1Words in s. 6(1)(a) substituted (1.10.2004) by Trade Marks (International Registrations Designating the European Community, etc.) Regulations 2004 (S.I. 2004/2332), regs. 1(2), 4(a)
F2S. 6(1)(b)(ba) substituted for s. 6(1)(b) (1.10.2004) by Trade Marks (International Registrations Designating the European Community, etc.) Regulations 2004 (S.I. 2004/2332), regs. 1(2), 4(b)
F3Words in s. 6(1)(c) inserted (29.7.1999) by S.I. 1999/1899, reg. 13(1)