Article 37 Admissibility of a cancellation request

United Kingdom

A substantiated cancellation request shall be admissible where:

(a)

it was submitted to the F1Secretary of State by a third country or a natural or legal person having a legitimate interest; and

(b)

it is based on one of the grounds referred to in Article 36.

The duly substantiated cancellation request shall be admissible only if it demonstrates the legitimate interest of the applicant.

Where the F2Secretary of State considers that the cancellation request is not admissible F3the Secretary of State shall inform the authority or person that sent the request of the reasons for inadmissibility.

The F4Secretary of State shall make the cancellation request available to the authorities and persons affected in accordance with Article 30(4) of Implementing Regulation (EU) 2019/34.

Substantiated statements of objection to cancellation requests shall be admissible only if they show continued commercial reliance on the registered name by an interested person.

Annotations

Textual amendments

F1: Words in Art. 37(1)(a) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(34)(a)
F2: Words in Art. 37(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(34)(b)(i)
F3: Words in Art. 37(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(34)(b)(ii)
F4: Words in Art. 37(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(34)(c)