The Trade Marks Regulations 2018
PART 1General
1Citation, commencement and interpretation
PART 2Amendments to the 1994 Act
2Amendments to the 1994 Act
3Trade Marks
4Absolute grounds for refusal of registration
5Relative grounds for refusal of registration
6Grounds for refusal relating to only some of the goods or services
7Meaning of “earlier trade mark”
8Raising of relative grounds in opposition proceedings in case of non-use
9Rights conferred by registered trade mark
10Infringement of registered trade mark
11Right to prevent goods entering the UK without being released for free circulation and prohibition on the use of a trade mark registered in the name of an agent or representative
12Limits on effect of registered trade mark
13Non-use as defence in infringement proceedings
14Assignment, &c of registered trade mark
15Application for registration of trade mark as an object of property
16Licensing of registered trade mark
17General provisions as to rights of licensees in case of infringement
18Application for registration
19Publication, opposition proceedings and observations
20Registration: supplementary provisions
21Renewal of registration
22Revocation of registration
23Grounds for invalidity of registration
24Collective marks
25Certification marks
26Meaning of “European Union trade mark”
27Power to make provision in connection with European Union Trade Mark Regulation
28Acts of agent or representative: Article 6septies
29Similarity of goods and services
30Infringing goods, material or articles may be treated as prohibited goods
31Reproduction of trade marks in dictionaries, encyclopaedias etc.
32Index of defined expressions
33Schedule 1 - Collective marks
PART 3Amendments to the Rules
34Amendments to the Rules
35Application for registration: section 32 (Form TM3)
36Application may relate to more than one class and shall specify the class (Form TM3A)
37Determination of classification
38Opposition proceedings: filing of notice of opposition
39Division of registration
40Reminder of renewal of registration; section 43
41Renewal of registration; section 43 (Form TM11)
42Restoration of registration; section 43 (Form TM13)
43Entry in register of particulars of registered trade marks; section 63(2) (Form TM24)
PART 4Amendments to the CTM Regulations and the International Registration Order
44Amendments to the CTM Regulations
45Determination of invalidity and liability to revocation in relation to claims of seniority
46Remedies in infringement proceedings
47Conversion
48Privilege for communications with those on the list of professional trade marks representatives
49Designation of Community trade mark courts
50Amendments to the International Registration Order
51Provisions of the Act and Trade Mark Rules which do not apply to International Trade Marks (UK) or requests for extension
52Modifications to provisions of the Act applied to International Trade Marks (UK)
PART 5Transitional Provisions
53Transitional Provisions
54Subject to the amendments made by regulations 45 to 49,...

2018 No. 825

Trade Marks

The Trade Marks Regulations 2018

Made

Laid before Parliament

Coming into force

The Secretary of State has been designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to intellectual property (including both registered and unregistered rights).

The Secretary of State makes these Regulations in exercise of the powers conferred by that section and by sections 52, 54 and 78 of the Trade Marks Act 19943.