The Trade Marks (International Registration) Order 1996

Procedure on transformation application

20.—(1) Where the international trade mark (UK) has become protected pursuant to article 12 on or before the actual date on which the transformation application is made (“the transformation date”) the trade mark shall be registered under the Act.

(2) Where the international registration designating the United Kingdom has not become protected under article 12 at the transformation date and a notice has been published pursuant to article 10(1) in respect of the trade mark, the registrar shall treat the publication of such notice as being the publication of the transformation application under section 38(1) and shall publish a notice that it is being so treated. Any opposition shall be treated as opposition under section 38(2).

(3) Where a notice has not yet been published pursuant to article 10(1) at the transformation date and the registrar has issued a notice of refusal pursuant to article 9(3), the registrar shall for the purposes of the transformation application treat the notice of refusal as if it had been issued under section 37(3).

• The registrar shall in that event inform the applicant of the nature of the response required of him in respect of his transformation application and shall further specify the period within which the applicant must respond to the registrar.