The Trade Marks (Amendment) Rules 2004

Amendments to the Trade Marks Rules 2000

11.  In rule 23 (amendment of regulations of collective and certification marks) for paragraphs (4) and (5) there shall be substituted—

“(4) Any person may, within three months of the date on which the notice was published under paragraph (2), give notice to the registrar of opposition to the amendment on Form TM7 which shall include a statement of the grounds of opposition indicating why the amended regulations do not comply with the requirements of paragraph 6(1) of Schedule 1, or, as the case may be, paragraph 7(1) of Schedule 2.

(5) The registrar shall send a copy of Form TM7 to the proprietor and the procedure in rules 13A to 14 shall apply to the proceedings relating to the opposition to the amendment as they apply to proceedings relating to opposition to an application for registration, but with the following modifications—

(a) any reference to—

(i) the applicant shall be construed as a reference to the proprietor;

(ii) an application for registration shall be construed as a reference to an application for the amendment of the regulations;

(iii) the person opposing the registration shall be construed as a reference to the person opposing the amendment of the regulations;

(b) the relevant period, referred to in rule 13A(1), shall for these purposes be the period of three months beginning on the date upon which the registrar sent a copy of Form TM7 to the proprietor;

(c) rules 13A(2) to (4), rule 13B and rule 13C(1)(b) shall not apply.”.