{
  "url": "https://openlegislation.uk/trade-marks-act-1994/schedule-2B/paragraph-8",
  "json_url": "https://openlegislation.uk/trade-marks-act-1994/schedule-2B/paragraph-8.json",
  "legislation": "ukpga/1994/26",
  "legislation_title": "Trade Marks Act 1994",
  "legislation_url": "https://openlegislation.uk/trade-marks-act-1994",
  "path": "schedule/2B/paragraph/8",
  "kind": "paragraph",
  "number": "8",
  "heading": "Non-use as defence in infringement proceedings and revocation of registration of a comparable trade mark (IR)",
  "text": "(1) Sections 11A and 46 apply in relation to a comparable trade mark (IR), subject to the modifications set out below.\n(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—\n(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\n(b) the references in sections 11A and 46 to the United Kingdom include the European Union.\n(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—\n(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\n(b) the references in sections 11A and 46 to the United Kingdom include the European Union.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1994/26/schedule/2B/paragraph/8",
    "retrieved_at": "2026-10-29T09:33:52.874943+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}