OpenLegislation

Rule 14 Notifying results of searchI1

United Kingdom

(1)

Where, following any search under article 4 of the Trade Marks (Relative Grounds) Order 2007f1, it appears to the registrar that the requirements for registration mentioned in section 5 are not met, the registrar shall notify this fact to—

(a)

the applicant; and

(b)

any relevant proprietor.

F1(2)

In paragraph (1), “relevant proprietor” means the proprietor of a registered trade mark or international trade mark (UK) which is an earlier trade mark in relation to which it appears to the registrar that the conditions set out in section 5(1) or (2) obtain but does not include a proprietor who does not wish to be notified and who has notified the registrar to this effect.

(3)

References in paragraph (2) to the proprietor of a trade mark include a person who has applied for registration of a trade mark which, if registered, would be an earlier trade mark by virtue of F2section 6(1)(a) or (aa).

F3(3A)

References in paragraph (2) to the proprietor of a trade mark also include a person who has applied for registration of a trade mark which, if registered, would be an earlier trade mark by virtue of section 6(1)(ab).

F4(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

Rule 63 shall not apply to any decision made in pursuance of this rule.

(8)

No decision made in pursuance of this rule shall be subject to appeal.

Annotations

Textual amendments

F1

Rule 14(2) substituted (1.10.2012) by The Trade Marks and Trade Marks (Fees) (Amendment) Rules 2012 (S.I. 2012/1003), rules 1, 2(2)(a)

F2

Words in rule 14(3) substituted (31.12.2020) by The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/269), reg. 1(1), Sch. 4 para. 7; 2020 c. 1, Sch. 5 para. 1(1)

F3

Rule 14(3A) inserted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 7 para. 6; 2020 c. 1, Sch. 5 para. 1(1)

F4

Rule 14(4)-(6) revoked (1.10.2012) by The Trade Marks and Trade Marks (Fees) (Amendment) Rules 2012 (S.I. 2012/1003), rules 1, 2(2)(b)

Commencement

I1

Rule 14 in force at 1.10.2008, see rule 1

Footnotes

f1

S.I. 2007/1976