The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019
1Citation, commencement and interpretation
2Certain trade marks registered as European Union trade marks to have effect under the 1994 Act
3Fees payable in respect of a comparable trade mark (EU)
4Other amendments to the 1994 Act
5Amendments to the Rules
6Consequential amendments etc
SCHEDULE 1Amendments to the 1994 Act to make provision for certain trade marks registered as European Union trade marks to be treated as registered trade marks and about certain applications for such marks
1The 1994 Act is amended as follows.
2After section 52 (and before the italic heading before section...
3After Schedule 2, insert— SCHEDULE 2A EUROPEAN UNION TRADE MARKS Section...
SCHEDULE 2Fees payable in respect of a comparable trade mark (EU)
1The renewal of the registration of a comparable trade mark...
2The renewal of the registration of a comparable trade mark...
3If a renewal fee is paid in respect of only...
4A request for information or inspection of documents relating to...
5The Trade Marks (Fees) Rules 2008 apply to comparable trade...
6The Commissioners for Her Majesty's Revenue and Customs may by...
7Regulations under paragraph 6 may make different provision as respects...
8A statutory instrument containing regulations under paragraph 6 is subject...
9The Trade Marks (Customs) Regulations 1994, to the extent that...
SCHEDULE 3Other amendments to the 1994 Act
1Further amendments to the 1994 Act
2Absolute grounds for refusal of registration
3Relative grounds for refusal of registration
4Meaning of “earlier trade mark”
5Raising of relative grounds in opposition proceedings in case of non-use
6Right to prevent goods entering the UK without being released for free circulation
7Limits on effect of registered trade mark
8Order as to disposal of infringing goods, material or articles
9Grounds for invalidity of registration
10Meaning of “European Union trade mark”
11Power to make provision in connection with European Union Trade Mark Regulation
12Privilege for communications with registered trade mark agents
13Minor definitions
14Index of defined expressions
SCHEDULE 4Amendments to the Rules
1Amendments to the Rules
2(1) Rule 2 is amended as follows.
3After rule 2 insert— Comparable trade mark (EU) These Rules apply to a comparable trade mark (EU) as...
4(1) Rule 4 is amended as follows.
5After rule 5 insert— Application for registration based upon an...
6(1) Rule 11 is amended as follows.
6A(1) Rule 12 is amended as follows.
7In rule 14(3) for “section 6(1)(a) or (b)” substitute “...
8In rule 17A(6)(d), omit “or (EU)”.
9After rule 29 insert— Filing of regulations for EU collective...
10After rule 37 insert— Restoration of a European Union trade...
10A(1) Rule 43 is amended as follows.
10BAfter rule 43 insert— Invalidation or revocation of Existing EUTM:...
11(1) Rule 47 is amended as follows.
SCHEDULE 5Consequential amendments, repeals, revocations, transitional and saving provisions
1Consequential amendments
2In sections 114(6)(c), 204(6)(c) and 231(6)(c) of the Copyright, Designs...
3In regulation 5(7)(b) of the Olympics Association Right (Infringement Proceedings)...
4In regulation 1C(5)(d) of the Community Design Regulations 2005 omit...
5In regulation 4(8)(b) of the Olympics, Paralympics and London Olympics...
6Repeals and revocations
7Transitional and Saving Provisions
2019 No. 269
Exiting The European Union
Trade Marks

The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019

Made
Coming into force in accordance with regulation 1

The Secretary of State in exercise of the powers conferred by section 8(1) of, and paragraph 1 of Schedule 4 and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1 and by section 78 of the Trade Marks Act 1994 M2 and with the consent of the Treasury makes the following Regulations.

In accordance with paragraph 12(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament.