The Trade Marks (Claims to Priority from Relevant Countries) Order 1994

Explanatory Note

(This note is not part of the Order)

This Order specifies, pursuant to section 36 of the Trade Marks Act 1994 (“the Act”), the countries or territories listed in the Schedule as relevant countries (being countries which are not Convention countries) in which an application for registration of a trade mark will confer priority in respect of an application for the registration of the trade mark in the United Kingdom. The period within which the claim to priority must be made is six months from the date of filing of the application in the relevant country.

Articles 4 to 7 of the Order make provisions corresponding to subsections (2), (4), (5) and (6) of section 35 of the Act, which confers the right to priority in respect of applications filed in Convention countries, that is to say, countries which are parties to the Paris Convention for the Protection of Industrial Property of 20th March 1883, as amended.

Countries, whether Convention countries or not, in which an application for registration of a trade or service mark conferred a right to priority in respect of an application for registration made in the United Kingdom were required to be specified by Order in Council under section 39A of the Trade Marks Act 1938 (c. 22). The Trade Marks and Service Marks (Relevant Countries) Order 1986 (S.I. 1986/1303, as amended by S.I. 1986/1890 and 2236, 1987/170, 1988/1856, 1990/2593, 1992/2672 and 1993/1258), which specified such countries, ceased to have effect in relation to Convention countries upon the coming into force of section 35 of the Act.