The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019

Amendments to the Rules

11.—(1) Rule 47 is amended as follows.

(2) At the end of paragraph (a) insert “or, in the case of a comparable trade mark (EU), as determined in accordance with paragraph 1 of Schedule 2A”.

(3) At the end of paragraph (b) insert “(which in the case of a comparable trade mark (EU) is the date of registration of the corresponding EUTM in the EUTM Register)”.

(4) After paragraph (c) insert—

“(ca) in the case of a comparable trade mark (EU)—

(i) the priority date (if any) accorded pursuant to a claim of priority filed in respect of the corresponding EUTM pursuant to the European Union Trade Mark Regulation; and

(ii) the number of the registered trade mark or international trade mark (UK) from which the corresponding EUTM claimed seniority (if any) and the seniority date;

(cb) where the mark is registered pursuant to an application referred to in paragraph 26 of Schedule 2A—

(i) the priority date (if any) accorded pursuant to a claim to a right to priority made under paragraph 25(2)(a)(ii) of Schedule 2A; and

(ii) the number of the registered trade mark or international trade mark (UK) from which the application claims seniority (if any) and the seniority date;”.

(5) Omit paragraph (l).

(6) After paragraph (m)(1) insert—

“(n) in the case of a comparable trade mark (EU) an indication that it is derived from an existing EUTM, including the number of the corresponding EUTM.”.

(1)

Paragraph (m) was inserted by S.I. 2018/825, regulation 43.