SCHEDULES
SCHEDULE 5Authorised persons
Part 2Rights during transitional period
Trade mark attorneys
I116
1
During the transitional period, every registered trade mark attorney is deemed to be authorised by the Institute of Trade Mark Attorneys to carry on reserved instrument activities.
2
During that period, every authorised trade mark attorney is deemed to be authorised by the Institute of Trade Mark Attorneys to administer oaths.
3
During that period, every trade mark attorney body is deemed to be authorised by the Institute of Trade Mark Attorneys to carry on the activities in sub-paragraph (4).
4
Those activities are any activities which are reserved legal activities within sub-paragraph (5) and which—
a
if the body is a partnership, any partner who is a registered trade mark attorney is authorised to carry on, or
b
if the body is a body corporate, any director who is a registered trade mark attorney is authorised to carry on.
5
Those activities are—
a
the exercise of a right of audience;
b
the conduct of litigation;
c
reserved instrument activities;
d
the administration of oaths.
6
The authority conferred by any of sub-paragraphs (1) to (3) is exercisable in accordance with and subject to the regulatory arrangements of the Institute of Trade Mark Attorneys.
7
In this paragraph—
“authorised trade mark attorney” means a registered trade mark attorney who is authorised by the Institute of Trade Mark Attorneys to carry on one or both of the following activities—
- a
the exercise of a right of audience;
- b
the conduct of litigation;
- a
“trade mark attorney body” means—
- a
a partnership all the partners of which are registered trade mark attorneys,
- b
a body corporate all the directors of which are registered trade mark attorneys, or
- c
a partnership or body corporate which satisfies the conditions prescribed under section 85 of the Trade Marks Act 1994 (c. 26);
- a
“registered trade mark attorney” has the same meaning as in the Trade Marks Act 1994.