http://www.legislation.gov.uk/uksi/2018/825/part/4/madeThe Trade Marks Regulations 2018enKing's Printer of Acts of Parliament2018-07-10TRADE MARKS
Directive 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (Recast) (OJ No. L 336, 23.12.2015, p.1) (“the Directive”) amends and replaces Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ No. L 299, 8.11.2008, p.25) (“the former Directive”).
PART 4Amendments to the CTM Regulations and the International Registration Order
Amendments to the CTM Regulations
44
The CTM Regulations are amended in accordance with regulations 45 to 49.
Determination of invalidity and liability to revocation in relation to claims of seniority
45
In regulation 3(3) after “liable” insert “as at the date of such removal or surrender”.
Remedies in infringement proceedings
46
In regulation 5(1), for “Article 102(1)” substitute “Article 130(1)”.
Conversion
47
1
Regulation 10 is amended as follows.
2
In paragraph (1), in the words before sub-paragraph (a), for “Article 112” substitute “Article 139”.
3
In paragraph (1)(b), for “Article 159(1)(a)” substitute “Article 202(1)(a)”.
4
In paragraph (2), for “Article 113(3)” substitute “Article 140(5)”.
Privilege for communications with those on the list of professional trade marks representatives
48
In regulation 11(3), for “Article 93” substitute “Article 120”.
Designation of Community trade mark courts
49
1
Regulation 12 is amended as follows.
2
In paragraph (1), for “Article 95” substitute “Article 123(1)”.
3
At the end of paragraph (1)(a)(i) insert “and”.
4
Omit paragraph (1)(a)(ii).
Amendments to the International Registration Order
50
The International Registration Order is amended in accordance with regulations 51 and 52.
Provisions of the Act and Trade Mark Rules which do not apply to International Trade Marks (<Acronym Expansion="United Kingdom">UK</Acronym>) or requests for extension
51
In Part 2 of Schedule 1, after the entry in the table relating to “trade marks rule 13 (deficiencies in application; section 32)” insert—
trade marks rule 28 (registration of a series of trade marks; section 41) (Form TM12).
.
Modifications to provisions of the Act applied to International Trade Marks (UK)
52
In paragraph 6 of Schedule 2 in the text relating to the modification of the 1994 Act by the insertion of section 38(B)(3) of the 1994 Act, omit “section 46(1)” and substitute “sections 6A, 11A, 46(1) and 47(2A)”.