Regulation 6 Groundless threats of infringement proceedings

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

reg. 6 heading substituted by Intellectual Property (Unjustified Threats) Act 2017 s. 3(5)
reg. 6(1) words substituted by Intellectual Property (Unjustified Threats) Act 2017 s. 3(2)
reg. 6(1A)(1B) inserted by Intellectual Property (Unjustified Threats) Act 2017 s. 3(3)
reg. 6(2)(3) substituted for reg. 6(2) by Intellectual Property (Unjustified Threats) Act 2017 s. 3(4)

(1)

The provisions of section 21 apply in relation to a Community trade mark as they apply to a registered trade mark.

(2)

However, in the application of those provisions in relation to an international trade mark (EC)—

(a)

the reference in section 21(3) to the registration of the trade mark shall be treated as a reference to the protection of the international trade mark (EC);

(b)

the reference in section 21(4) to notification that a trade mark is registered, shall be treated as a reference to notification that a trade mark is an international trade mark (EC); and

(c)

the reference in section 21(4) to notification that an application for registration has been made, shall be treated as a reference to notification that a trade mark is the subject of an international application or international registration designating the European Community.