PART 2Amendments to the 1994 Act

Raising of relative grounds in opposition proceedings in case of non-use8

1

Section 6A M1 is amended as follows.

2

In subsection (1)(c), for the words from “period” to the end substitute “ relevant period ”.

3

After subsection (1) insert—

1A

In this section “the relevant period” means the period of 5 years ending with the date of the application for registration mentioned in subsection (1)(a) or (where applicable) the date of the priority claimed for that application.

4

In subsection (3)(a) for “period of five years ending with the date of publication of the application” substitute “ relevant period ”.

5

In subsection (4)(a)—

a

after “a form” insert “ (the “variant form”) ”;

b

after “registered” insert “ (regardless of whether or not the trade mark in the variant form is also registered in the name of the proprietor) ”.

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