OpenLegislation

Paragraph 5

United Kingdom

(1)

An applicant for registration of a collective mark must file with the registrar regulations governing the use of the mark.

(2)

The regulations must specify the persons authorised to use the mark, the conditions of membership of the association and F1... the conditions of use of the mark, including any sanctions against misuse.

F2(3)

Where the regulations govern use of a mark referred to in paragraph 3(1), they must authorise any person whose goods or services originate in the geographical area concerned to become a member of the association which is the proprietor of the mark, provided that the person fulfils all the other conditions of the regulations.

F3(4)

Further requirements with which the regulations have to comply may be imposed by rules.

Annotations

Textual amendments

F1

Words in Sch. 1 para. 5(2) omitted (14.1.2019) by virtue of The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 33(2)(a) (with Pt. 5)

F2

Sch. 1 para. 5(3) inserted (14.1.2019) by The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 33(2)(c) (with Pt. 5)

F3

Words in Sch. 1 para. 5(2) renumbered as Sch. 1 para. 5(4) (14.1.2019) by The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 33(2)(b) (with Pt. 5)

Notes on Schedule 1

Commencement

I1

Sch. 1 wholly in force at 31.10.1994; Sch. 1 not in force at Royal Assent; Sch. 1 para. 6(2) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as Sch. 1 not alredy in force by 1994/2550, arts. 2, 3(1), Sch.