Article 10 Amendment of the Trade Marks (International Registration) Order 1996

After article 12 there shall be inserted—

“Correction of international registration

12A

(1)

This article applies where the International Bureau notifies the registrar pursuant to Rule 28 of the Common Regulations that it has corrected an international registration designating the United Kingdom and the correction—

(a)

substantially affects the identity of the trade mark; or

(b)

reduces or extends the goods or services comprised in the international registration.

(2)

The registrar may treat a notification of correction to which this article applies as a new notification of an international registration designating the United Kingdom and where a notification of correction is so treated—

(a)

if the correction substantially affects the identity of the trade mark, paragraph (3) below shall apply; or

(b)

if the correction reduces or extends the goods or services comprised in the international registration, paragraph (4) below shall apply.

(3)

Where this paragraph applies in accordance with paragraph (2), articles 9 to 12 shall apply to the notification of correction as if it were a new notification of an international registration designating the United Kingdom and—

(a)

if the trade mark which is the subject of the international registration has not become a protected international trade mark (UK) before receipt of the notification of correction in relation to it, the original notification of that international registration to the registrar shall be treated as having been withdrawn;

(b)

if the trade mark which is the subject of the international registration has become a protected international trade mark (UK) before receipt of the notification of correction in relation to it, the protection conferred by article 12 in respect of that trade mark shall cease on receipt of the notification of correction but this shall not affect transactions past and closed as at that date.

(4)

Where this paragraph applies in accordance with paragraph (2)—

(a)

articles 9 to 12 shall apply to the notification of correction as if it were a new notification of an international registration designating the United Kingdom so far as it relates to goods or services not previously comprised in the international registration; and

(b)

if the trade mark which is the subject of the international registration has become a protected international trade mark (UK) before receipt of the notification of correction in relation to it, the protection conferred by article 12 in respect of that trade mark so far as it relates to goods or services which are no longer comprised in the international registration shall cease on receipt of the notification of correction but this shall not affect transactions past and closed as at that date.”.