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

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11.—(1) Rule 47 is amended as follows.U.K.

(2) At the end of paragraph (a) insert “ or, in the case of a comparable trade mark (EU), as determined in accordance with paragraph 1 of Schedule 2A ”.

(3) At the end of paragraph (b) insert “ (which in the case of a comparable trade mark (EU) is the date of registration of the corresponding EUTM in the EUTM Register) ”.

(4) After paragraph (c) insert—

(ca)in the case of a comparable trade mark (EU)—

(i)the priority date (if any) accorded pursuant to a claim of priority filed in respect of the corresponding EUTM pursuant to the European Union Trade Mark Regulation; and

(ii)the number of the registered trade mark or international trade mark (UK) from which the corresponding EUTM claimed seniority (if any) and the seniority date;

(cb)where the mark is registered pursuant to an application referred to in paragraph 26 of Schedule 2A—

(i)the priority date (if any) accorded pursuant to a claim to a right to priority made under paragraph 25(2)(a)(ii) of Schedule 2A; and

(ii)the number of the registered trade mark or international trade mark (UK) from which the application claims seniority (if any) and the seniority date;.

(5) Omit paragraph (l).

(6) After paragraph (m) M1 insert—

(n)in the case of a comparable trade mark (EU) an indication that it is derived from an existing EUTM, including the number of the corresponding EUTM [F1, and where the corresponding EUTM is subject to cancellation proceedings, that cancellation is pending]..

Textual Amendments

Commencement Information

I1Sch. 4 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M1Paragraph (m) was inserted by S.I. 2018/825, regulation 43.

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