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Changes over time for: Section 42
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 01/10/2008.
Changes to legislation:
There are currently no known outstanding effects for the The Trade Marks Rules 2008, Section 42.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Application for invalidation: evidence roundsU.K.
This section has no associated Explanatory Memorandum
42.—(1) Where the proprietor has filed Form TM8, the registrar shall send notice to the applicant inviting the applicant to file evidence in support of the grounds on which the application is made and any submissions and to send a copy to all the other parties.
(2) The registrar shall specify the periods within which evidence and submissions may be filed by the parties.
(3) Where—
(a)the application is based on an earlier trade mark of a kind falling within section 6(1)(c); or
(b)the application or part of it is based on grounds other than those set out in section 5(1) or (2); or
(c)the truth of a matter set out in the statement of use is either denied or not admitted by the proprietor,
the applicant shall file evidence supporting the application.
(4) Where the applicant files no evidence under paragraph (3), the applicant shall be deemed to have withdrawn the application to the extent that it is based on—
(a)the matters in paragraph (3)(a) or (b); or
(b)an earlier trade mark which has been registered and is the subject of the statement of use referred to in paragraph (3)(c).
(5) The registrar may, at any time give leave to either party to file evidence upon such terms as the registrar thinks fit.
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