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Rule 34 Reminder of renewal of registration; section 43I1

United Kingdom

(1)

Subject to paragraph (2) below, F1at least six months before the expiration of the last registration of a trade mark, the registrar shall F2... send to the registered proprietor notice of the approaching expiration and inform the proprietor at the same time that the registration may be renewed in the manner described in rule 35.

(2)

If it appears to the registrar that a trade mark may be registered under section 40 at any time within six months before or at any time on or after the date on which renewal would be due (by reference to the date of application for registration), the registrar shall be taken to have complied with paragraph (1) if the registrar sends to the applicant notice to that effect within one month following the date of actual registration.

F3(2A)

The registrar is not subject to any liability by reason of any failure to notify the proprietor in accordance with paragraph (1) and no proceedings lie against any officer of the registrar in respect of any such failure.

Annotations

Textual amendments

F1

Words in rule 34(1) substituted (14.1.2019) by The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 40(2)(a) (with Pt. 5)

F2

Words in rule 34(1) omitted (14.1.2019) by virtue of The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 40(2)(b) (with Pt. 5)

F3

Rule 34(2A) inserted (14.1.2019) by The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 40(3) (with Pt. 5)

Commencement

I1

Rule 34 in force at 1.10.2008, see rule 1