# The Trade Marks (International Registration) Order 2008, Paragraph 6


After section 38, insert—
“38A. Notices of provisional refusal
(1) A notice of provisional refusal must set out the matters required by Article 5 of the Madrid Protocol and Rule 17 of the Common Regulations.
(2) Except as provided in subsection (3), a notice of provisional refusal may not be given after the expiry of the relevant period.
(3) Where before the expiry of the relevant period the registrar has given notice to the International Bureau—
(a) that the period prescribed for the purposes of section 38(2) expires after the end of the relevant period; or
(b) that the period prescribed for the purposes of section 38(2) expires less than one month before the end of the relevant period;
a notice of provisional refusal may be given after the expiry of the relevant period provided that it is given before the end of the period of one month beginning immediately after the period prescribed for the purposes of section 38(2).
(4) Where the registrar sends the International Bureau a notice of provisional refusal, the registrar must notify the International Bureau as to the final decision (meaning a decision from which no appeal may be brought) on whether the refusal should be upheld.
(5) The relevant period is the period of 18 months beginning with the date the International Bureau sent the registrar the request for extension.
38B. Protection
(1) Where no notice of provisional refusal is given to the International Bureau following publication under section 38(1), the international registration which is the subject of the request for extension shall be protected as a protected international trade mark (UK) with effect from the first day immediately following the end of the period prescribed for the purposes of section 38(2).
(2) Where notice of provisional refusal is given following publication under section 38(1), the international registration which is the subject of the request for extension shall be protected as a protected international trade mark (UK) with effect from the date on which the registrar notifies the International Bureau that the final decision is that the provisional refusal should not be upheld in accordance with section 38A(4).
(3) The reference to the completion of the registration procedure in section 46(1) shall be construed as a reference to the conferring of protection on an international registration in accordance with this section.
(4) When an international registration becomes protected as a protected international trade mark (UK), the registrar shall—
(a) notify the International Bureau that the international registration is protected in the United Kingdom; and
(b) publish a notice specifying the number of the international registration in respect of that trade mark, the date on which protection is conferred and the date and place of publication of the request for extension under section 38(1) in relation to that trade mark.”.

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Source: https://www.legislation.gov.uk/uksi/2008/2206/schedule/2/paragraph/6 (the official version)
Page: https://openlegislation.uk/trade-marks-international-registration-order-2008/schedule-2/paragraph-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.