Explanatory note

(This note is not part of the Regulations)

These Regulations make provision for the operation of the Community Trade Mark Regulation (Council Regulation (EC) No. 40/94 of 20th December 1993 (O.J. No. L 11, 14.1.94, p.1)). In particular, these Regulations provide for the following:

(a)

the procedures for determining a posteriori the invalidity, or liability to revocation, of the registration of a trade mark from which a Community trade mark claims seniority;

(b)

the conversion of a Community trade mark, or an application for a Community trade mark, into an application for registration under the Trade Marks Act 1994;

(c)

the designation of courts in the United Kingdom having jurisdiction over proceedings arising out of the Community Trade Mark Regulation;

(d)

the application in relation to a Community trade mark of the provisions of the Trade Marks Act 1994 which deal with groundless threat of infringement proceedings, importation of infringing goods, material or articles and offences;

(e)

privilege for communications with persons on the list of professional representatives maintained in pursuance of Article 89 of the Community Trade Mark Regulation;

(f)

the application of the Trade Marks Rules 1994 (S.I. 1994/2583).