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The Intellectual Property (Enforcement, etc.) Regulations 2006

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Amendment of the Trade Marks Act 1994

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17.  In section 25 (registration of transactions affecting registered trade mark), in subsection (4), for the words from “, then unless” to the end of the subsection there shall be substituted—

and the mark is infringed before the prescribed particulars of the transaction are registered, in proceedings for such an infringement, the court shall not award him costs unless—

(a)an application for registration of the prescribed particulars of the transaction is made before the end of the period of six months beginning with its date, or

(b)the court is satisfied that it was not practicable for such an application to be made before the end of that period and that an application was made as soon as practicable thereafter..

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