43.—(1) This rule applies where—
(a)an application for registration is treated as abandoned under rule 18(2);
(b)the registration of a mark is revoked under rule 38(6) or rule 39(3)[F1;]
(c)the registration of a mark is declared invalid under rule 41(6) [F2; or]
[F3(d)the registration of a comparable trade mark (EU) is revoked or declared invalid to any extent under rule 43A(6),]
and the applicant or the proprietor (as the case may be) claims that the decision of the registrar to treat the application as abandoned or revoke the registration of the mark or declare the mark invalid (as the case may be) (“the original decision”) should be set aside on the grounds set out in paragraph (3).
(2) Where this rule applies, the applicant or the proprietor shall, within a period of six months [F4beginning immediately after] the date that the application was refused or the register was amended to reflect the revocation or the declaration of invalidity (as the case may be), file an application on Form TM29 to set aside the decision of the registrar and shall include evidence in support of the application and shall [F5, in the cases referred to in paragraph (1)(a) to (c),] copy the form and the evidence to the other party to the original proceedings under the rules referred to in paragraph (1).
(3) Where the applicant or the proprietor demonstrates to the reasonable satisfaction of the registrar that the failure to file Form TM8 [F6or the derogation notice] within the period specified in the rules referred to in paragraph (1) was due to a failure to receive Form TM7, Form TM26(N), Form TM26(O) [F7,] Form TM26(I) [F8or notification from the registrar under rule 43(4)(b) that the comparable trade mark (EU) will be revoked or declared invalid to the same extent as the corresponding EUTM] (as the case may be), the original decision may be set aside on such terms and conditions as the registrar thinks fit.
(4) In considering whether to set aside the original decision the matters to which the registrar must have regard include whether the person seeking to set aside the decision made an application to do so promptly upon becoming aware of the original decision and any prejudice which may be caused to the other party to the original proceedings if the original decision were to be set aside.
Textual Amendments
F1Rule 43(1)(b): semicolon substituted for word by S.I. 2019/269, Sch. 4 para. 10A(2) (as inserted by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 11(c))
F2Word in rule 43(1)(c) substituted for comma (31.12.2020) by S.I. 2019/269, Sch. 4 para. 10A(3) (as inserted by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 11(c))
F3Rule 43(1)(d) inserted by S.I. 2019/269, Sch. 4 para. 10A(4) (as inserted by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 11(c))
F4Words in rule 43(2) substituted (31.3.2013) by The Trade Marks and Registered Designs (Amendment) Rules 2013 (S.I. 2013/444), rules 1, 4, Sch. 1 (with rule 8)
F5Words in rule 43(2) inserted (31.12.2020) by S.I. 2019/269, Sch. 4 para. 10A(5) (as inserted by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 11(c))
F6Words in rule 43(3) inserted (31.12.2020) by S.I. 2019/269, Sch. 4 para. 10A(6)(a) (as inserted by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 11(c))
F7Word in rule 43(3) substituted (31.12.2020) by virtue of S.I. 2019/269, Sch. 4 para. 10A(6)(b) (as inserted by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 11(c))
F8Words in rule 43(3) inserted (31.12.2020) by S.I. 2019/269, Sch. 4 para. 10A(6)(c) (as inserted by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 11(c))
Commencement Information