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The Sale of Registration Marks (Amendment) Regulations 2008
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- 2008 No. 2372
- Regulation 9
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9. In paragraph 8 (certificates of entitlement)—
(a)in sub-paragraph (1)(c) for “one year period mentioned in paragraph 5(1)” there shall be substituted “purchase period specified in the agreement for acquisition of the relevant right”;
(b)in sub-paragraph (2) for “the period mentioned in paragraph 5(1)” and “the period of extension” there shall be substituted “the relevant period”;
(c)for sub-paragraphs (3), (4) and (5) there shall be substituted—
“(3) In the case of a certificate of entitlement which is alleged to have been lost the Secretary of State shall issue a replacement certificate if—
(a)the Secretary of State is satisfied that the certificate has been lost; and
(b)the purchaser undertakes to destroy the certificate if it is subsequently found and is in the purchaser’s possession.
(4) In the case of a certificate of entitlement which is alleged to have become defaced or illegible the Secretary of State shall issue a replacement certificate if—
(a)the Secretary of State is satisfied that the certificate has become defaced or illegible; and
(b)the purchaser undertakes to destroy the certificate.
(5) In the case of a certificate of entitlement which is alleged to have been destroyed, the Secretary of State shall issue a replacement certificate if satisfied that it has been destroyed.”; and
(d)in sub-paragraph (6) for “, he shall” there shall be substituted “the Secretary of State shall, save where the application is accepted upon exercise of the relevant right,”.
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