OpenLegislation

Paragraph 14 Refund of sums paid under paragraph 6(2)

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Any sum paid to the Secretary of State in accordance with paragraph 6(2) shall be retained by him, whether or not there is an assignment of the relevant registration mark, except where the conditions specified in sub-paragraph (2) are fulfilled, in which case the Secretary of State shall refund the sum (but not interest on the sum) to the purchaser of the relevant right in respect of which it was paid.

(2)

The conditions are that—

(a)

the Secretary of State has revoked the relevant right in respect of which the sum was paid or the period during which it was exercisable has expired without its having been exercised;

(b)

a written application for a refund was made by the purchaser;

(c)

the application was accompanied by the relevant certificate of entitlement; and

(d)

the application was received by the Secretary of State within the period of six years starting with the date on which the relevant right was revoked or ceased to be exercisable.