Article 8 Amendment of the Trade Marks (International Registration) Order 1996

For article 11 there shall be substituted—

“Notices of provisional refusal

11

(1)

Except where provisional refusal is based on an opposition, notice of provisional refusal shall not be given after the expiry of 18 months from the date on which the notification of the request for extension was sent to the United Kingdom.

(2)

The registrar shall inform the International Bureau that oppositions may be filed after the expiry of the period of 18 months referred to in paragraph (1) above unless, at least four months before the expiry of the said period, he has published the notice referred to in article 10(1).

(3)

Notices of provisional refusal shall set out the matters required by Article 5 of the Madrid Protocol and Rule 17 of the Common Regulations.

(4)

Where the registrar has given notice of provisional refusal to the International Bureau pursuant to article 9(3) or 10(3), the registrar shall, upon deciding whether the provisional refusal shall be upheld, in whole or in relation to some only of the goods or services in relation to which protection in the United Kingdom is requested, notify the International Bureau of that decision.

(5)

Where, after a decision of the registrar has been notified to the International Bureau pursuant to paragraph (4) the decision is referred to an appointed person or the court on appeal or further appeal from the registrar, the registrar shall notify the International Bureau of the decision of that person or court.”.