The Trade Marks Rules 2008

Entry in register of particulars of registered trade marks; section 63(2) (Form TM24) U.K.

47.  In addition to the entries in the register of registered trade marks required to be made by section 63(2)(a), there shall be entered in the register in respect of each trade mark the following particulars—

(a) the date of registration as determined in accordance with section 40(3) (that is to say, the date of the filing of the application for registration) [F1 or, in the case of a comparable trade mark (EU), as determined in accordance with paragraph 1 of Schedule 2A];

[F2 (aa) in the case of a comparable trade mark (IR), the date of registration as determined in accordance with paragraph 1 of Schedule 2B]

(b) the date of completion of the registration procedure [F3 (which in the case of a comparable trade mark (EU) is the date of registration of the corresponding EUTM in the EUTM Register)];

[F4 (bb) in the case of a comparable trade mark (IR), the date of completion of the registration procedure which is the date of publication by the European Union Intellectual Property Office of the matters referred to in Article 190(2) of the European Union Trade Mark Regulation in respect of the existing IR(EU) from which the comparable trade mark (IR) derives]

(c) the priority date (if any) to be accorded pursuant to a claim to a right to priority made under section 35 or 36;

[F5 (ca) in the case of a comparable trade mark (EU)—

(i) the priority date (if any) accorded pursuant to a claim of priority filed in respect of the corresponding EUTM pursuant to the European Union Trade Mark Regulation; and

(ii) the number of the registered trade mark or international trade mark (UK) from which the corresponding EUTM claimed seniority (if any) and the seniority date;

(cb) where the mark is registered pursuant to an application referred to in paragraph 26 of Schedule 2A—

(i) the priority date (if any) accorded pursuant to a claim to a right to priority made under paragraph 25(2)(a)(ii) of Schedule 2A; and

(ii) the number of the registered trade mark or international trade mark (UK) from which the application claims seniority (if any) and the seniority date;]

[F6 (cc) in the case of a comparable trade mark (IR)—

(i) the priority date (if any) accorded pursuant to a claim of priority filed in respect of the corresponding (IR) pursuant to Article 4 of the Paris Convention; and

(ii) the number of the registered trade mark or international trade mark (UK) from which the corresponding (IR) claimed seniority (if any) and the seniority date;

(cd) where the mark is registered pursuant to an application referred to in paragraph 28, 29 or 33 of Schedule 2B—

(i) the priority date (if any) accorded pursuant to a claim to a right to priority made under paragraph 28(2)(b) (taking account of paragraph 28(5)), 29(2)(b) (taking account of paragraph 29(4)) or 33(2)(b) or (3)(b) (taking account of paragraph 33(4)) of Schedule 2B; and

(ii) the number of the registered trade mark or international trade mark (UK) from which the application claims seniority (if any) and the seniority date;]

(d) the name and address of the proprietor;

(e) the address for service (if any) filed under rule 11;

(f) any disclaimer or limitation of rights under section 13(1)(a) or (b);

(g) any memorandum or statement of the effect of any memorandum relating to a trade mark of which the registrar has been notified on Form TM24;

(h) the goods or services in respect of which the mark is registered;

(i) where the mark is a collective or certification mark, that fact;

(j) where the mark is registered pursuant to section 5(5) with the consent of the proprietor of an earlier trade mark or other earlier right, that fact;

(k) where the mark is registered pursuant to a transformation application,

(i) the number of the international registration, and

(ii) either:—

(aa) the date accorded to the international registration under Article 3(4), or

(bb) the date of recordal of the request for extension to the United Kingdom of the international registration under Article 3ter,

as the case may be, of the Madrid Protocol;

F7 (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (m) where the mark is a collective mark and amended regulations have been accepted by the registrar, that fact, including the date of that entry.]

[F9 (n) in the case of a comparable trade mark (EU) an indication that it is derived from an existing EUTM, including the number of the corresponding EUTM, and where the corresponding EUTM is subject to cancellation proceedings, that cancellation is pending.]

[F10 (o) in the case of a comparable trade mark (IR) an indication that it is derived from an existing IR(EU), including the number of the international registration to which the existing IR(EU) is subject.]

Textual Amendments

F1 Words in rule 47(a) inserted (31.12.2020) by The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/269), reg. 1(1), Sch. 4 para. 11(2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Rule 47(aa) inserted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 7 para. 8(2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in rule 47(b) inserted (31.12.2020) by The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/269), reg. 1(1), Sch. 4 para. 11(3); 2020 c. 1, Sch. 5 para. 1(1)

F4 Rule 47(bb) inserted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 7 para. 8(3); 2020 c. 1, Sch. 5 para. 1(1)

F5 Rule 47(ca)(cb) inserted (31.12.2020) by The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/269), reg. 1(1), Sch. 4 para. 11(4); 2020 c. 1, Sch. 5 para. 1(1)

F6 Rule 47(cc)(cd) inserted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 7 para. 8(4); 2020 c. 1, Sch. 5 para. 1(1)

F7 Rule 47(l) omitted (31.12.2020) by virtue of The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/269), reg. 1(1), Sch. 4 para. 11(5); 2020 c. 1, Sch. 5 para. 1(1)

F8 Rule 47(m) inserted (14.1.2019) by The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 43 (with Pt. 5)

F9 Rule 47(n) inserted (31.12.2020) by The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/269), reg. 1(1), Sch. 4 para. 11(6) (as amended by S.I. 2020/1050, reg. 11(d)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Rule 47(o) inserted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 7 para. 8(5); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Rule 47 in force at 1.10.2008, see rule 1