# The Trade Marks (International Registration) Order 2008, Paragraph 2: Concurrent registrations


(1) This paragraph applies where at the time protection is conferred on an international trade mark (UK) there is a concurrent registered trade mark.
(2) A registration is concurrent where—
(a) the proprietor of the registered trade mark is the holder of the protected international trade mark (UK);
(b) the registered trade mark is the same as the protected international trade mark (UK);
(c) the goods and services in relation to which protection is conferred by the international trade mark (UK) include all those for which the registered trade mark is registered.
(3) The protected international trade mark (UK) shall be treated as being registered under the Act as of the date of registration of the registered trade mark.
(4) The priorities claimed in respect of the registered trade mark may also be claimed in respect of the international trade mark (UK).
(5) The provisions of this paragraph shall continue to apply after the registered trade mark lapses or is surrendered, but shall cease to apply if or to the extent that it is revoked or declared invalid.
(6) On the application of the holder of the protected international trade mark (UK) the registrar shall note the international registration in the register against the registered trade mark.
(7) For the purposes of paragraph (6), the holder of the international trade mark (UK) shall make an application to the registrar using Form TM28.

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Source: https://www.legislation.gov.uk/uksi/2008/2206/schedule/4/paragraph/2 (the official version)
Page: https://openlegislation.uk/trade-marks-international-registration-order-2008/schedule-4/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.