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Trade Marks Act 1994
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Version Superseded: 31/12/2020
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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) [F1[F2European Union] 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,
[F3(b) a [F2European Union] 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) ] [F4even where the earlier trade mark has been surrendered or its registration has expired],
(ba)a registered trade mark or international trade mark (UK) which—
(i)has been converted from a [F2European Union] 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 [F5or 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.
F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)
F2Words in s. 6(1) substituted (6.4.2016) by The European Union Trade Mark Regulations 2016 (S.I. 2016/299), reg. 1(1), Sch. para. 1 (with reg. 13)
F3S. 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)
F4Words in s. 6(1)(b) inserted (14.1.2019) by The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 7(2) (with Pt. 5)
F5Words in s. 6(1)(c) inserted (29.7.1999) by S.I. 1999/1899, reg. 13(1)
F6S. 6(3) omitted (14.1.2019) by virtue of The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 7(3) (with Pt. 5)
Modifications etc. (not altering text)
C1S. 6(3) modified (20.5.2016) by The Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829), regs. 1(2), 13(3)(4) (with regs. 13(9), 14(5), 20)
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