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The Trade Marks (Earlier Trade Marks) Regulations 2008
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- 2008 No. 1067
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Trade Marks Act 1994 (“the Act”).
Regulations 4(3) and 5(2) make consequential amendments which were omitted when the Trade Marks (International Registrations Designating the European Community) Regulations 2004 (S.I. 2004/2332) (“the 2004 Regulations”) were made. The 2004 Regulations made certain amendments to the Act to give effect to the European Community’s accession to the Protocol to the Madrid Agreement concerning the International Registration of Marks adopted at Madrid on 27th June 1989. Both Community trade marks and international trade marks (EC) have the same effect and territorial range and therefore the amendments to sections 6A and 47 of the Act to include reference to both Community trade marks and international trade marks (EC) are necessary to remedy the omission.
Regulations 4(2) and 5(3) further amend sections 6A and 47 of the Act to disapply the requirement to satisfy the “use conditions” where the earlier trade mark relied on by the person opposing the registration of a trade mark or applying for a declaration of invalidity is a well-known trade mark which is entitled to protection under the Paris Convention for the Protection of Industrial Property of March 20th 1883 as amended or the Agreement establishing the World Trade Organisation signed at Marrakesh on 15th April 1994 and the Agreement on Trade – Related Aspects of Intellectual Property Rights, which is an integral part of the WTO Agreement These amendments are required to ensure compliance with Article 4(2)(d) of Directive 89/104/EEC, the First Council Directive to approximate the laws of the Member States relating to trade marks (O.J. L40, 11.2.89, p.l), which requires Member States to protect well known trade marks against later conflicting national marks whether or not the well known mark is registered or in use in the Member State of the registering authority.
Regulations 6, 7 and 8 are transitional provisions relating to regulations 4(2) and 5(3).
A full impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.
An Explanatory Memorandum is available alongside the instrument on the OPSI Website.
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