Paragraph 11 Amendments to the Rules
Rule 47 is amended as follows.
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”.
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)”.
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;”.
Omit paragraph (l).
After paragraph (m)f1 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.”.
Annotations
Footnotes
- f1
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Paragraph (m) was inserted by S.I. 2018/825, regulation 43.