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Article 36d Transitional provisions: relations between trade marks and geographical indications when bridging arrangements are in effectF1

Original text. Later amendments are not shown.

(1.)

Where a geographical indication is treated as entered on Great Britain’s GIs Register under Article 36c, Articles 36a and 36b and Annex 1A apply for the purposes of determining:

(a))

whether an application to register a trade mark which was pending before IP completion day or made during the relevant period, must be refused, or

(b))

if a relevant invalidity application was made, whether the registration of a trade mark must be declared invalid,

but subject to the general modifications specified in paragraphs 2 and 3 and any further modifications made by regulations (if any) (see paragraph 4).

(2.)

The modifications mentioned in paragraph 1 are that Articles 36a and 36b and Annex 1A are to be read as if:

(a))

in the case of a type A term, any reference to a type 2A geographical indication included a reference to a type A term;

(b))

in the case of a type B term, any reference to a type 2B geographical indication included a reference to a type B term.

(3.)

In addition, Article 36b and Annex 1A are to be read as if any reference to Article 36a included a reference to that Article as applied by this Article.

(4.)

The Secretary of State may, by regulations, make such further modifications to Article 36a or 36b or Annex 1A as the Secretary of State considers necessary for the purpose of ensuring that the relative priorities afforded to geographical indications and trade marks before IP completion day continue to apply appropriately during the relevant period.

(5.)

In this Article:

  • ‘relevant invalidity application’ means an application for a declaration of invalidity made under the TMA (as applied by Article 36b(1) and modified by Article 36b(2)) in relation to the registration of a trade mark;

  • ‘type A term’ means a geographical indication which—

    1. (i)

      is, immediately before the application to register a trade mark is accepted, entered in Great Britain’s GIs Register under Article 36c, or

    2. (ii)

      is not so entered when the application to register a trade mark is accepted, but is to be protected under bridging arrangements which come into effect before the application to register a trade mark is accepted;

  • ‘type B term’ means a geographical indication which is not entered in Great Britain’s GIs Register under Article 36c when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to bridging arrangements made on or after the day on which the relevant trade mark application is accepted.

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