Paragraph 8 Non-use as defence in infringement proceedings and revocation of registration of a comparable trade mark (IR)F1

(1)

Sections 11A and 46 apply in relation to a comparable trade mark (IR), 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 (IR); 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 (IR); and

(b)

the references in sections 11A and 46 to the United Kingdom include the European Union.

Annotations

Textual amendments

F1: Sch. 2B inserted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 4 para. 3 (with Sch. 5 Pt. 2) (as amended by S.I. 2020/1050, regs. 1(2), 22(b)); 2020 c. 1, Sch. 5 para. 1(1)