Revocations and transitional provisions8

1

The instruments set out in Schedule 7 are revoked (“the previous Orders”).

2

Where immediately before this Order comes into force any time period prescribed by the previous Orders has effect in relation to any act or proceeding and has not expired, the time or period prescribed by the previous Orders and not by this Order shall apply to that act or proceeding.

3

Except as provided by paragraph (4), where a new step is to be taken on or after 1st October 2008 in relation to any proceedings commenced under the previous Orders this Order shall apply to such proceedings from that date.

4

Subject to paragraph (5), where prior to the entry into force of this Order:

a

A Form TM8 and counter-statement have been filed in

i

opposition proceedings; or

ii

proceedings for the revocation of a trade mark on the grounds set out in section 46(1)(c) or (d); or

iii

invalidation proceedings; or

b

an application for revocation of a trade mark on the grounds set out in section 46(1)(a) or (b) has been filed,

the previous Orders shall apply with regard to the filing of any evidence in relation to those proceedings.

5

Where proceedings as described in paragraph (4) are consolidated with proceedings commenced on or after 1st October 2008 this Order shall apply with regard to the filing of any evidence in relation to those consolidated proceedings.