Article 36b Application and modification of trade mark provisionsF1

(1.)

For the purpose of Article 36a, the following provisions of the TMA apply, with the modifications, in the case of sections 47(3) and (5), 74(1), 76(1) and 77(1), specified in paragraph 2:

(a))

subsections (3) to (5) and (6) of section 47 (invalidation of trade marks) in relation to an application to invalidate a trade mark referred to in Article 36a(3);

(b))

section 72 (registration to be prima face evidence of validity);

(c))

section 73 (certificate of validity of contested application);

(d))

section 74 (registrar’s appearance in proceedings involving the register of trade marks);

(e))

section 75 (definition of ‘the court’);

(f))

section 76 (appeals) except for subsection (5);

(g))

section 77(1) (persons appointed to hear and determine appeals).

(2.)

The modifications are:

(a))

section 47 applies as if:

(i))

in subsection (3), in the words before paragraph (a), after ‘invalidity’ there were inserted ‘made under this section, as applied by Article 36b(1) of Regulation (EU) 2019/787 of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages,’;

(ii))

in subsection (5), for ‘grounds of invalidity’ there were substituted ‘ground for invalidity specified in Article 36a(3) of Regulation (EU) 2019/787 of the European Parliament and of the Council exists’;

(b))

section 74(1) applies as if, for the words from ‘for’ to ‘the registrar’ there were substituted ‘for a declaration of the invalidity of the registration of a trade mark, the registrar’;

(c))

section 76(1) applies as if:

(i))

in the first paragraph, for the words from ‘under’ to the end there were substituted ‘made under Article 36a(3) of Regulation (EU) 2019/787 of the European Parliament and of the Council’;

(ii))

the second paragraph were omitted;

(d))

section 77(1) applies as if, at the end there were inserted ‘as applied by Article 36b(1) of Regulation (EU) 2019/787 of the European Parliament and of the Council’.

(3.)

In the case of the following proceedings, the rules made under section 68 or 69 of the TMA apply to those proceedings as they apply to proceedings involving an application of the type referred to in section 74(1)(b) of the TMA:

(a))

an application to invalidate a trade mark referred to in Article 36a(3);

(b))

an appeal to an appointed person from a decision of the registrar in relation to an application referred to in paragraph (a).

Annotations

Textual amendments

F1: Arts. 36a-36d inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1661), reg. 1(3), Sch. 5 Pt. 2