The Community Trade Mark Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the operation of the Community Trade Mark Regulation (Council Regulation (EC) No. 40/94 of 20th December 1993 (O.J. No. L 11, 14.1.94, p.1)). In particular, these Regulations provide for the following:

(a) the procedures for determining a posteriori the invalidity, or liability to revocation, of the registration of a trade mark from which a Community trade mark claims seniority;

(b) the conversion of a Community trade mark, or an application for a Community trade mark, into an application for registration under the Trade Marks Act 1994;

(c) the designation of courts in the United Kingdom having jurisdiction over proceedings arising out of the Community Trade Mark Regulation;

(d) the application in relation to a Community trade mark of the provisions of the Trade Marks Act 1994 which deal with groundless threat of infringement proceedings, importation of infringing goods, material or articles and offences;

(e) privilege for communications with persons on the list of professional representatives maintained in pursuance of Article 89 of the Community Trade Mark Regulation;

(f) the application of the Trade Marks Rules 1994 (S.I. 1994/2583).