Trade Marks Act 1994 (c. 26)

Part III U.K. Administrative and other supplementary provisions

Legal proceedings and appeals U.K.

74 Registrar’s appearance in proceedings involving the register. U.K.

(1) In proceedings before the court involving an application for—

(a) the revocation of the registration of a trade mark,

(b) a declaration of the invalidity of the registration of a trade mark, or

(c) the rectification of the register,

the registrar is entitled to appear and be heard, and shall appear if so directed by the court.

(2) Unless otherwise directed by the court, the registrar may instead of appearing submit to the court a statement in writing signed by him, giving particulars of—

(a) any proceedings before him in relation to the matter in issue,

(b) the grounds of any decision given by him affecting it,

(c) the practice of the Patent Office in like cases, or

(d) such matters relevant to the issues and within his knowledge as registrar as he thinks fit;

and the statement shall be deemed to form part of the evidence in the proceedings.

(3) Anything which the registrar is or may be authorised or required to do under this section may be done on his behalf by a duly authorised officer.

Modifications etc. (not altering text)

C1 S. 74 applied (with modifications) (1.4.1996) by S.I. 1996/714, art. 15(2)

S. 74 applied (with modifications) (14.8.1996) by S.I. 1996/1908, reg. 3(3)

C2 S. 74 applied (with modifications) (31.12.2020) by Regulation (EU) No. 1308/2013, Art. 102b(1)(d)(2)(b) (as inserted by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 20, Sch. 3 Pt. 2)

C3 S. 74 applied (with modifications) (31.12.2020) by Regulation (EU) 2019/787, Art. 36b(1)(2) (as inserted by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), reg. 1(3), Sch. 5 Pt. 2)

C4 S. 74 applied (with modifications) (31.12.2020) by Regulation (EU) No. 1151/2012, Art. 14b(1)(2) (as inserted by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18, Sch. 2 Pt. 3)

C5 S. 74 applied (with modifications) (31.12.2020) by Regulation (EU) No. 33/2019, Art. 32b(1) (as inserted by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(31), Sch. 8 Pt. 3)

C6 S. 74 applied (with modifications) (31.12.2020) by Regulation (EU) No. 251/2014, Art. 19b(1)(2) (as inserted by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 21, Sch. 4 Pt. 3)