# Trade Marks Act 1994, Paragraph 8: Non-use as defence in infringement proceedings and revocation of registration of a comparable trade mark (EU)


(1) Sections 11A and 46 apply in relation to a comparable trade mark (EU), subject to the modifications set out below.
(2) Where the period of five years referred to in sections 11A(3)(a) and 46(1)(a) or (b) (the “five-year period”) has expired before IP completion day—
(a) the references in sections 11A(3) and (insofar as they relate to use of a trade mark) 46 to a trade mark are to be treated as references to the corresponding EUTM; and
(b) the references in sections 11A and 46 to the United Kingdom include the European Union.
(3) Where IP completion day falls within the five-year period, in respect of that part of the five-year period which falls before IP completion day—
(a) the references in sections 11A(3) and (insofar as they relate to use of a trade mark) 46 to a trade mark, are to be treated as references to the corresponding EUTM ; and
(b) the references in sections 11A and 46 to the United Kingdom include the European Union.

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Source: https://www.legislation.gov.uk/ukpga/1994/26/schedule/2A/paragraph/8 (the official version)
Page: https://openlegislation.uk/trade-marks-act-1994/schedule-2A/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.