SCHEDULES
F1SCHEDULE 2AEUROPEAN UNION TRADE MARKS
PART 1Existing European Union trade marks
7Raising of relative grounds in opposition proceedings in case of non-use
1
Section 6A applies where an earlier trade mark is a comparable trade mark (EU), subject to the modifications set out below.
2
Where the relevant period referred to in section 6A(3)(a) (the “five-year period”) has expired before IP completion day—
a
the references in section 6A(3) and (6) to the earlier trade mark are to be treated as references to the corresponding EUTM; and
b
the references in section 6A(3) and (4) to the United Kingdom include the European Union.
3
Where IP completion day falls within the five-year period, in respect of that part of the five-year period which falls before IP completion day—
a
the references in section 6A(3) and (6) to the earlier trade mark are to be treated as references to the corresponding EUTM ; and
b
the references in section 6A to the United Kingdom include the European Union.
Sch. 2A inserted (31.12.2020) by The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/269), reg. 1(1), Sch. 1 para. 3 (as amended by S.I. 2020/1050, regs. 1(2), 9(b)(i)(ii)); 2020 c. 1, Sch. 5 para. 1(1)