The Trade Marks Rules 2008

Amendment of application after publication; section 39 (Form TM7)

25.—(1) Where, pursuant to section 39, a request is made for amendment of an application which has been published in the Journal and the amendment affects the representation of the trade mark or the goods or services covered by the application, the amendment or a statement of the effect of the amendment shall also be published in the Journal.

(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 17, 18 and 20 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 18(1), shall for these purposes be the period of two months beginning with the date upon which the registrar sent a copy of Form TM7 to the applicant; and

(c) rules 18(3) to (6), 20(2) and (3) shall not apply.