OpenLegislation

Paragraph 19 Continuity of rights in relation to a comparable trade mark (EU)F1

(1)

References to an existing EUTM or the registration of an existing EUTM in any document made before IP completion day shall, unless there is evidence that the document was not intended to have effect in the United Kingdom, be read on and after IP completion day as including references to the comparable trade mark (EU) or the registration of the comparable trade mark (EU) which derives from the existing EUTM.

(2)

Subject to any agreement to the contrary, a consent granted before IP completion day by the proprietor of an existing EUTM to the doing on or after IP completion day of an act in the United Kingdom which would otherwise infringe the comparable trade mark (EU) which derives from the existing EUTM is to be treated for the purposes of section 9 as a consent to the doing of that act.

Annotations

Textual amendments

F1

Sch. 2A inserted (31.12.2020) by The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/269), reg. 1(1), Sch. 1 para. 3 (as amended by S.I. 2020/1050, regs. 1(2), 9(b)(i)(ii)); 2020 c. 1, Sch. 5 para. 1(1)