- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 No. 269
11.—(1) Rule 47 is amended as follows.
(2) At the end of paragraph (a) insert “or, in the case of a comparable trade mark (EU), as determined in accordance with paragraph 1 of Schedule 2A”.
(3) At the end of paragraph (b) insert “(which in the case of a comparable trade mark (EU) is the date of registration of the corresponding EUTM in the EUTM Register)”.
(4) After paragraph (c) insert—
“(ca)in the case of a comparable trade mark (EU)—
(i)the priority date (if any) accorded pursuant to a claim of priority filed in respect of the corresponding EUTM pursuant to the European Union Trade Mark Regulation; and
(ii)the number of the registered trade mark or international trade mark (UK) from which the corresponding EUTM claimed seniority (if any) and the seniority date;
(cb)where the mark is registered pursuant to an application referred to in paragraph 26 of Schedule 2A—
(i)the priority date (if any) accorded pursuant to a claim to a right to priority made under paragraph 25(2)(a)(ii) of Schedule 2A; and
(ii)the number of the registered trade mark or international trade mark (UK) from which the application claims seniority (if any) and the seniority date;”.
(5) Omit paragraph (l).
(6) After paragraph (m)(1) insert—
“(n)in the case of a comparable trade mark (EU) an indication that it is derived from an existing EUTM, including the number of the corresponding EUTM.”.
Paragraph (m) was inserted by S.I. 2018/825, regulation 43.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: