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The Trade Marks (International Registration) (Amendment) Order 2006

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Statutory Instruments

2006 No. 763

TRADE MARKS

The Trade Marks (International Registration) (Amendment) Order 2006

Made

14th March 2006

Laid before Parliament

15th March 2006

Coming into force

6th April 2006

The Secretary of State, in exercise of the powers conferred by section 54 of the Trade Marks Act 1994(1), makes the following order:

Citation and commencement

1.  This Order may be cited as the Trade Marks (International Registration) (Amendment) Order 2006 and shall come into force on 6th April 2006.

Amendment of the Trade Marks (International Registration) Order 1996

2.  The Trade Marks (International Registration) Order 1996(2) shall be amended as follows.

3.  In article 2 (interpretation) after the entry for “Common Regulations” there shall be inserted—

EEA State” means a member State, Iceland, Liechtenstein or Norway;.

4.  In article 9 (examination), in paragraph (5), after the words “the United Kingdom” there shall be inserted “, another EEA State or the Channel Islands”.

5.  In article 9A (notification), in paragraph (3), after the words “the United Kingdom” there shall be inserted “, another EEA State or the Channel Islands”.

6.—(1) Article 10A (opposition proceedings: filing notice of opposition) shall be amended as follows.

(2) In paragraph (1)(b) the words “in the United Kingdom” shall be omitted.

(3) After paragraph (1) there shall be inserted—

(1A) The address for service shall be address in the United Kingdom, unless in a particular case the comptroller otherwise directs..

7.—(1) Article 13 (revocation and invalidity) shall be amended as follows.

(2) In paragraph (1A) the words “ in the United Kingdom” shall be omitted.

(3) After paragraph (1A) there shall be inserted—

(1B) The address for service shall be address in the United Kingdom, unless in a particular case the comptroller otherwise directs..

Sainsbury of Turville

Parliamentary Under Secretary of State for Science and Technology

Department of Trade and Industry

14th March 2006

Explanatory Note

(This note is not part of the Order)

This Order amends the Trade Marks (International Registration) Order 1996 (SI 1996/714, as amended).

The requirements in that Order to provide an address for service are liberalised. The amendments made by this Order allow applicants for an international trade mark (UK) to provide an address for service in the United Kingdom, another EEA State or the Channel Islands. Although, during any proceedings before the registrar, an address for service in the United Kingdom will be required unless the registrar otherwise directs.

A Regulatory Impact Assessment has been prepared and is available from the Patent Office, Intellectual Property and Innovation Directorate, Concept House, Newport NP10 8QQ.

(2)

SI 1996/714, amended by SI 2002/692 and SI 2004/948; there are other amending instruments but none is relevant.

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