Paragraph 9 Grounds for invalidity of registration of a trade mark based upon an earlier comparable trade mark (IR)F1

(1)

Section 47 applies where an earlier trade mark is a comparable trade mark (IR), subject to the modifications set out below.

(2)

Where the period of five years referred to in sections 47(2A)(a) and 47(2B) (the “five-year period”) has expired before IP completion day—

(a)

the references in section 47(2B) and (2E) to the earlier trade mark are to be treated as references to the corresponding (IR); and

(b)

the references in section 47 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 section 47(2B) and (2E) to the earlier trade mark are to be treated as references to the corresponding (IR); and

(b)

the references in section 47 to the United Kingdom include the European Union.

Annotations

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)