Article 5 Amendment of the Trade Marks (International Registration) Order 1996

for paragraph (1) there shall be substituted—

“(1)

The granting of any security interest (whether fixed or floating) over an international trade mark (UK) or any right in or under it is a notifiable transaction for the purposes of this article.”;

after paragraph (3)(b) there shall be inserted—

“(bb)

the grant of a licence under an international trade mark (UK);”;

for paragraph (5) there shall be substituted—

“(5)

Where a person becomes the proprietor or licensee of an international trade mark (UK) by virtue of a relevant transaction, then unless—

(a)

a request for recordal in the International Register is made before the end of a period of six months beginning with its date, or

(b)

the court is satisfied that it was not practicable for such a request for recordal to be made before the end of that period and that a request for recordal was made as soon as practicable thereafter,

he is not entitled to damages or an account of profits in respect of any infringement of the international trade mark (UK) occurring after the date of the transaction and before the transaction is recorded in the International Register.”.