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Regulation 11 Privilege for communications with those on the list of professional trade marks representatives

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This regulation applies to communications as to any matter relating to the protection of any trade mark or as to any matter involving passing off.

(2)

Any such communication—

(a)

between a person and his professional trade marks representative, or

(b)

for the purposes of obtaining, or in response to a request for, information which a person is seeking for the purpose of instructing his professional trade marks representative,

is privileged from, or in Scotland protected against, disclosure in legal proceedings in the same way as a communication between a person and his solicitor or, as the case may be, a communication for the purpose of obtaining, or in response to a request for, information which a person is seeking for the purpose of instructing his solicitor.

(3)

In paragraph (2) a person’s “professional trade marks representative” means a person who is retained by him and is on the special list of professional representatives for trade marks matters referred to in Article 89 of the Community Trade Mark Regulation.