Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (codified version) (Text with EEA relevance) (repealed) (c. 207)

TITLE X U.K. JURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO [F1 EU TRADE MARKS]

SECTION 2 U.K. Disputes concerning the infringement and validity of [F1 EU trade marks]

Article 99 U.K. Presumption of validity — Defence as to the merits

1. The [F1 EU trade mark courts] shall treat the [F1 EU trade mark] as valid unless its validity is put in issue by the defendant with a counterclaim for revocation or for a declaration of invalidity.

2. The validity of [F1 an] [F1 EU trade mark] may not be put in issue in an action for a declaration of non-infringement.

[F1 3. In the actions referred to in points (a) and (c) of Article 96, a plea relating to revocation of the EU trade mark submitted otherwise than by way of a counterclaim shall be admissible where the defendant claims that the EU trade mark could be revoked for lack of genuine use at the time the infringement action was brought.]

Textual Amendments

F1 Substituted by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (Text with EEA relevance).