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Paragraph 28 Restoration of a European Union trade mark to the EUTM RegisterF1

(1)

This paragraph applies where—

(a)

before IP completion day a trade mark is removed from the EUTM Register pursuant to the European Union Trade Mark Regulation; and

(b)

on or after IP completion day the trade mark is restored to the EUTM Register pursuant to the Continuing EUTM Regulation.

(2)

Where the proprietor of a European Union trade mark referred to in sub-paragraph (1)(b) files a request with the registrar within the period of six months beginning with the date of such restoration—

(a)

the trade mark will be treated as if it was an existing EUTM on IP completion day; and

(b)

the provisions of Part 1 apply to the comparable trade mark (EU) which derives from the existing EUTM.

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)