The Trade Marks and Trade Marks (Fees) (Amendment) Rules 2012

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Trade Mark Rules 2008. Rule 2 amends Rule 14 to remove the ability of the proprietor of a Community trade mark or international trade mark entitled to protection in the European Union under the Madrid Protocol to request to be notified of the results of searches under article 4 of the Trade Marks (Relative Grounds) Order 2007. Rule 2 also amends article 27 of the 2008 Rules to remove the procedure for the merger of trade mark applications before any trademarks have been registered pursuant to those applications. It also provides that an application for merger of trade marks can only be made in respect of trade marks that have the same renewal date. The amendments made by Rule 2 also prohibit an application for merger of trade marks which are the subject of proceedings for revocation or invalidation or which are the subject of an international registration pursuant to the Madrid Protocol. Rule 3 contains an amendment to the Trade Marks (Fees) Rules 2008 in consequence of the amendments to Rule 14 of the Trade Marks Rules 2008. Rule 4 contains transitional provisions.

An impact assessment of the effect that these Regulations will have on the private and voluntary sectors has been prepared in respect of the amendments made to rule 27 of the 2008 Rules and is available alongside the instrument at www.legislation.gov.uk. No impact assessment has been prepared in relation to the amendments to Rule 14 as they will have a negligible impact on the private and voluntary sectors.