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Paragraph 11E F1

United Kingdom

Section 38 (publication, opposition proceedings and observations) is amended as follows.

(2)

After subsection (2) insert—

“(2A)

Where a notice of opposition is filed on the basis of one or more earlier trade marks or other earlier rights—

(a)

the rights (if plural) must all belong to the same proprietor;

(b)

the notice may be filed on the basis of part, or the totality, of the goods or services in respect of which the earlier right is protected or applied for.

(2B)

A notice of opposition may be directed against part or the totality of the goods or services in respect of which the contested mark is applied for.”.

Annotations

Textual amendments

F1

Sch. paras. 11A-11E inserted (14.1.2019) by The Trade Marks (Isle of Man) (Amendment) Order 2018 (S.I. 2018/1157), art. 1, Sch. para. 10