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7. After paragraph 5, insert—
“5A. In section 8(5) (power to require that relative grounds be raised in opposition proceedings), for “the Community Trade Mark Regulation” substitute “Council Regulation (EC) No 40/94 of 20th December 1993 on the Community trade mark.
5B.—(1) Section 9 (rights conferred by registered trade mark) is amended as follows.
(2) In subsection (1) before “section 10” insert “subsections (1) to (3) of”.
(3) After subsection (1) insert—
“(1A) See subsection (3B) of section 10 for provision about certain other acts amounting to infringement of a registered trade mark.
(1B) Subsection (1) is without prejudice to the rights of proprietors acquired before the date of filing of the application for registration or (where applicable) the date of the priority claimed in respect of that application.”.
(4) In subsection (2)—
(a)omit “such”, and
(b)at the end insert “such as is mentioned in subsection (1) or (1A)”.”.
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