Paragraph 6

(1)

Paragraph 5 is amended as follows.

(2)

In the inserted section 6A (raising of relative grounds in opposition proceedings in case of non-use)—

(a)

in subsection (1)(c), for the words from “period” to the end substitute “relevant period”;

(b)

after subsection (1), insert—

“(1A)
In this section “the relevant period” means the period of 5 years ending with the date of the application for registration mentioned in subsection (1)(a) or (where applicable) the date of the priority claimed for that application.”;

(c)

in subsection (3)(a), for “period of five years ending with the date of publication of the application” substitute “relevant period”;

(d)

in subsection (4)(a)—

(i)

after “a form” insert “(the “variant form”)”;

(ii)

after “registered” insert “(regardless of whether or not the trade mark in the variant form is also registered in the name of the proprietor)”;

(e)

in subsection (5), for “Community trade mark” substitute “European Union trade mark”;

(f)

after subsection (5), insert—

“(5A)
In relation to an international trade mark (EC) the reference in subsection (1)(c) to the completion of the registration procedure is to be construed as a reference to the publication by the European Union Intellectual Property Office of the matters referred to in Article 190(2) of the European Union Trade Mark Regulation.”.