2012 No. 1003
The Trade Marks and Trade Marks (Fees) (Amendment) Rules 2012
Made
Laid before Parliament
Coming into force
The Secretary of State has consulted the Administrative Justice and Tribunals Council pursuant to paragraph 24 of Schedule 7 to the Tribunals, Courts and Enforcement Act 20071.
The Secretary of State, in exercise of the powers conferred by sections 41(1) and (3), 78 and 79 of the Trade Marks Act 19942, makes the following Rules—
Citation and commencement1
These Rules may be cited as the Trade Marks and Trade Marks (Fees) (Amendment) Rules 2012 and come into force on 1st October 2012 (‘the commencement date’).
Amendments to the Trade Marks Rules 20082
1
The Trade Mark Rules 20083 are amended as follows.
2
In Rule 14—
a
for paragraph (2) substitute—
2
In paragraph (1), “relevant proprietor” means the proprietor of a registered trade mark or international trade mark (UK) which is an earlier trade mark in relation to which it appears to the registrar that the conditions set out in section 5(1) or (2) obtain but does not include a proprietor who does not wish to be notified and who has notified the registrar to this effect.
b
paragraphs (4) to (6) are revoked.
3
In Rule 27—
a
paragraphs (1) and (2) are revoked;
b
in paragraph (3) after “The proprietor of two or more registrations of a trade mark” insert “, the applications relating to which were filed on the same date,”; and
c
after paragraph (3) insert—
3A
No application under paragraph (3) may be granted in respect of the registration of a trade mark which—
a
is the subject of proceedings for its revocation or invalidation; or
b
is the subject of an international registration within the meaning of article 2 of the Trade Marks (International Registration) Order 2008 which has not become independent of the trade mark as provided for in accordance with Article 6 of the Madrid Protocol4.
Amendments to the Trade Marks (Fees) Rules 20083
1
The Trade Marks (Fees) Rules 20085 are amended as follows.
2
The entry relating to TM6 in the Schedule to the Rules is revoked.
Transitional provisions4
The amendments made to Rule 27 of the Trade Marks Rules 2008 do not apply to any application made pursuant to rule 27(1) or 27(3) prior to the commencement date.
(This note is not part of the Rules)