The Trade Marks (Amendment) Rules 2004

Amendments to the Trade Marks Rules 2000

9.  In rule 18 (amendment of application after publication) for paragraphs (2) and (3) there shall be substituted—

“(2) Any person claiming to be affected by the amendment may, within one month of the date on which the amendment or a statement of the effect of the amendment was published under paragraph (1), give notice to the registrar of objection to the amendment on Form TM7 which shall include a statement of the grounds of objection which shall, in particular, indicate why the amendment would not fall within section 39(2).

(3) The registrar shall send a copy of Form TM7 to the applicant and the procedure in rules 13A to 14 shall apply to the proceedings relating to the objection 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) an application for registration shall be construed as a reference to a request for amendment of an application;

(ii) the person opposing the registration shall be construed as a reference to the person objecting to the amendment of an application;

(iii) the opposition shall be construed as a reference to the objection;

(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 applicant;

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