Comparable trade mark (IR) which derives from a mark treated as an EU Collective Mark or EU Certification MarkU.K.
[F14(1)This paragraph applies where the existing IR(EU) from which a comparable trade mark (IR) derives is dealt with for the purposes of the European Union Trade Mark Regulation as an EU collective mark or an EU certification mark.
(2)The comparable trade mark (IR) is to be treated as either a collective mark or a certification mark, as the case may be.
(3)The proprietor of the comparable trade mark (IR) must, following notice from the registrar, file with the registrar regulations governing the use of the international trade mark, submitted pursuant to the European Union Trade Mark Regulation, which had effect immediately before IP completion day.
(4)Where the regulations referred to in sub-paragraph (3) are in a language other than English they must be filed together with a translation into English verified to the satisfaction of the registrar as corresponding to the original text.
(5)Paragraph 9 of Schedule 1 and paragraph 10 of Schedule 2 apply in relation to the translation referred to in sub-paragraph (4) as they apply in relation to the regulations referred to in sub-paragraph (3).
(6)Where the regulations or any translation are not filed in accordance with the above provisions—
(a)the registrar must remove the comparable trade mark (IR) from the register; and
(b)the rights of the proprietor shall be deemed to have ceased as from the date of removal.]
Textual Amendments
F1Sch. 2B inserted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 4 para. 3 (with Sch. 5 Pt. 2) (as amended by S.I. 2020/1050, regs. 1(2), 22(b)); 2020 c. 1, Sch. 5 para. 1(1)