Regulation 3 Determination of invalidity and liability to revocation in relation to claims of seniority

(1)

Where the proprietor of a Community trade mark claims the seniority of a registered trade mark which—

(a)

has been removed from the register under section 43, or

(b)

has been surrendered under section 45,

any person may apply to the registrar or to the court for the declaration set out in paragraph (3).

(2)

Where such a proprietor claims the seniority of an international trade mark (UK) which has been removed from the International Register or surrendered, any person may apply to the registrar or to the court for the declaration set out in paragraph (3).

(3)

The declaration is that if the trade mark had not been so removed or surrendered, it would have been liable to be revoked under section 46 or declared invalid under section 47^f1.

(4)

An address for service in the United Kingdom shall be filed by—

(a)

the person making an application under paragraph (1) or (2); and

(b)

the proprietor of the Community trade mark,

unless in a particular case the registrar otherwise directs.

(5)

Where the trade mark has been surrendered in respect of some only of the goods or services for which it is registered (or protected), paragraph (1) or (2) shall apply in relation to those goods or services only.

Annotations

Footnotes

f1: Those provisions are applied (subject to adaptations) to an international trade mark (UK) by article 13 of SI 1996/714, amended by SI 2000/138, 2002/692 and 2004/948.