The Trade Marks (Amendment) Rules 2004

Amendments to the Trade Marks Rules 2000

12.  In rule 25 (alteration of registered trade mark) for paragraph (3) there shall be substituted—

“(3) Any person claiming to be affected by the alteration may, within three months of the date on which the mark as altered was published under paragraph (2), give notice to the registrar of objection to the alteration on Form TM7 which shall include a statement of the grounds of objection.

(4) The registrar shall send a copy of Form TM7 to the proprietor and the procedure in rules 13A to 14 shall apply to the proceedings relating to the objection to the alteration as they apply to proceedings relating to opposition to an application for registration, but with the following modifications—

(a) any reference to—

(i) the applicant shall be construed as a reference to the proprietor;

(ii) an application for registration shall be construed as a reference to a request for alteration;

(iii) the person opposing the registration shall be construed as a reference to the person objecting to the alteration;

(iv) the opposition shall be construed as a reference to the objection;

(b) the relevant period, referred to in rule 13A(1), shall for these purposes be the period of three months beginning on the date upon which the registrar sent a copy of Form TM7 to the proprietor;

(c) rules 13A(2) to (4), rule 13B and rule 13C(1)(b) shall not apply.”.