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Paragraph 21 Existing EUTM: effect of injunctionF1

(1)

This paragraph applies where immediately before IP completion day an injunction is in force prohibiting the performance of acts in the United Kingdom which infringe or would infringe an existing EUTM (a “relevant injunction”).

(2)

Subject to any order of the court to the contrary, a relevant injunction will have effect and be enforceable to prohibit the performance of acts which infringe or would infringe a comparable trade mark (EU) to the same extent as in relation to the European Union trade mark from which the comparable trade mark (EU) derives as if it were an injunction granted by the court.

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)