Paragraph 5

For paragraph 4, substitute—

“4.

(1)

Section 6 (meaning of “earlier trade mark”) is amended as follows.

(2)

In subsection (1)—

(a)

in paragraph (a), for “or Community trade mark” substitute “, European Union trade mark or international trade mark (EC)”;

(b)

for paragraph (b) substitute―

“(b)

a European Union trade mark or international trade mark (EC) which has a valid claim to seniority from an earlier registered trade mark or international trade mark (UK) even where the earlier trade mark has been surrendered or its registration has expired,

(ba)

a registered trade mark or international trade mark (UK) which—

(i)

has been converted from a European Union trade mark or international trade mark (EC) which itself had a valid claim to seniority within paragraph (b) from an earlier trade mark, and

(ii)

accordingly has the same claim to seniority, or;”; and

(c)

in paragraph (c), after “Paris Convention” insert “or the WTO agreement”.

(3)

Omit subsection (3).”.