Paragraph 11 I1
United Kingdom
Rule 47 is amended as follows.
At the end of paragraph (a) insert “ or, in the case of a comparable trade mark (EU), as determined in accordance with paragraph 1 of Schedule 2A ”.
At the end of paragraph (b) insert “ (which in the case of a comparable trade mark (EU) is the date of registration of the corresponding EUTM in the EUTM Register) ”.
After paragraph (c) insert—
“(ca)in the case of a comparable trade mark (EU)—
(i)the priority date (if any) accorded pursuant to a claim of priority filed in respect of the corresponding EUTM pursuant to the European Union Trade Mark Regulation; and
(ii)the number of the registered trade mark or international trade mark (UK) from which the corresponding EUTM claimed seniority (if any) and the seniority date;
(cb)where the mark is registered pursuant to an application referred to in paragraph 26 of Schedule 2A—
(i)the priority date (if any) accorded pursuant to a claim to a right to priority made under paragraph 25(2)(a)(ii) of Schedule 2A; and
(ii)the number of the registered trade mark or international trade mark (UK) from which the application claims seniority (if any) and the seniority date;”.
Omit paragraph (l).
Annotations
Textual amendments
- F1
Words in Sch. 4 para. 11(6) inserted (31.12.2020 immediately before IP completion day) by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 11(d)
Marginal citations
- M1
Paragraph (m) was inserted by S.I. 2018/825, regulation 43.
Commencement
- I1
Sch. 4 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)