The Community Trade Mark Regulations 2006

Procedure for declaration that trade mark would have been liable to be revoked or declared invalid

4.—(1) In proceedings on an application under regulation 3(1) or (2) the registration of a person as proprietor of a trade mark shall be prima facie evidence of the validity of the original registration.

(2) In the case of such proceedings before the registrar, the provisions of rules 31 to 37, 54 to 62, 67 to 69 and 72 of the Trade Marks Rules 2000(1), with necessary modifications, shall apply.

(3) In the case of such proceedings before the court, the registrar is entitled to appear and be heard, and shall appear if so directed by the court.

(4) Unless otherwise directed by the court, the registrar may instead of appearing submit to the court a statement in writing signed by him, giving particulars of—

(a) any proceedings before him in relation to the matter in issue,

(b) the grounds of any decision given by him affecting it,

(c) the practice of the Patent Office in like cases, or

(d) such matters relevant to the issues and within his knowledge as registrar as he thinks fit;

and the statement shall be deemed to form part of the evidence in the proceedings.

(5) Anything which the registrar is or may be authorised or required to do under this regulation may be done on his behalf by a duly authorised officer.

(1)

SI 2000/136, amended by SI 2001/3832 and 2004/947.