OpenLegislation

Rule 83 Revocation of previous rules and proceedings commenced under previous rulesI1

United Kingdom

(1)

The instruments set out in Schedule 2 (“the previous rules”) are revoked to the extent specified.

(2)

Where immediately before these Rules come into force, any time or period prescribed by the previous rules has effect in relation to any act or proceeding and has not expired, the time or period prescribed by the previous rules and not by these Rules shall apply to that act or proceeding.

(3)

Except as provided by paragraph (4) where a new step is to be taken on or after 1st October 2008 in relation to any proceedings commenced under the previous rules these Rules shall apply to such proceedings from that date.

(4)

Subject to paragraph (5) where prior to the entry into force of these Rules-

(a)

a Form TM8 and counter-statement have been filed in-

(i)

opposition proceedings, or

(ii)

proceedings for the revocation of a trade mark on the grounds set out in section 46(1)(c ) or (d); or

(iii)

invalidation proceedings; or

(b)

an application for revocation of a trade mark on the grounds set out in section 46(1)(a) or (b) has been filed,

the previous rules shall apply with regard to the filing of any evidence in relation to those proceedings.

(5)

Where proceedings as described in paragraph (4) are consolidated with proceedings commenced on or after 1st October 2008 these Rules shall apply with regard to the filing of any evidence in relation to those consolidated proceedings.

Annotations

Commencement

I1

Rule 83 in force at 1.10.2008, see rule 1