OpenLegislation

Article 5 Refusing to register a mark on a ground mentioned in section 5 of the Trade Marks Act 1994

Original text. Later amendments are not shown.

(1)

Only the persons specified in paragraph (2) may make an application for a declaration of invalidity on the grounds in section 47(2) of the Trade Marks Act 1994 (relative grounds).

(2)

Those persons are—

(a)

in the case of an application on the ground in section 47(2)(a) of that Act, the proprietor or a licensee of the earlier trade mark or, in the case of an earlier collective mark or certification mark, the proprietor or an authorised user of such collective mark or certification mark; and

(b)

in the case of an application on the ground in section 47(2)(b) of that Act, the proprietor of the earlier right.

(3)

So much of section 47(3) of that Act as provides that any person may make an application for a declaration of invalidity shall have effect subject to this article.