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9.—(1) In regulation 3(1) (determination a posteriori of invalidity and liability to revocation), after “Community trade mark” insert “or of an international trade mark (EC)”.
(2) After that paragraph insert—
“(1A) Where such a proprietor claims the seniority of an international trade mark (UK) which has been removed from the International Register or surrendered, application may be made to the registrar or to the court by any person for a declaration that, if the international trade mark (UK) had not been so removed or surrendered, its protection would have been liable to be revoked under section 46 or declared invalid under section 47 (as applied by article 13 of the Trade Marks (International Registration) Order 1996(1)).”.
(3) In regulation 3(2), for “a registered” substitute “the”, and after “paragraph (1)” insert “or (1A)”.
(4) In regulation 3(3) and in regulation 3(4), after “paragraph (1)” insert “or (1A)”.
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