Regulation 5(3) does not apply to an application made on or after the coming into force of these Regulations for a declaration of invalidity in respect of a trade mark the application for the registration of which was made on or after 5th May 2004 but before the coming into force of these Regulations.

Paragraph (1) is without prejudice to the application of Regulation 5(3) to any other application made on or after the coming into force of these Regulations for a declaration of invalidity (including an application in respect of a trade mark the application for the registration of which was made before 5th May 2004).