The Trade Marks (Earlier Trade Marks) Regulations 2008

• Citation: S.I. 2008/1067
• Sections: 8

Section 1 Citation, commencement and extent

These Regulations may be cited as the Trade Marks (Earlier Trade Marks) Regulations 2008 and shall come into force on 10th May 2008.

Section 2 Citation, commencement and extent

These Regulations extend to England and Wales, Scotland and Northern Ireland.

Section 3 Amendments to the Trade Marks Act 1994

The Trade Marks Act 1994 is amended as follows.

Section 4 Amendments to the Trade Marks Act 1994

(1) Section 6A (raising of relative grounds in opposition proceedings in case of non-use) is amended as follows.

(2) In subsection (1)(b) after “earlier trade mark” insert “of a kind falling within section 6(1)(a), (b) or (ba)”.

(3) In subsection (5) after “Community trade mark” insert “or international trade mark ( EC )”.

Section 5 Amendments to the Trade Marks Act 1994

(1) Section 47 (grounds for invalidity of registration) is amended as follows.

(2) In subsection (2D) after “Community trade mark” insert “or international trade mark (EC)”.

(3) After subsection (2E) insert—

(2F) Subsection (2A) does not apply where the earlier trade mark is a trade mark within section 6(1)(c).

Section 6 Transitional Provisions

(1) Regulation 4(2) does not apply to an application for registration of a trade mark which—

(a) was made on or after 5th May 2004 but before the coming into force of these Regulations, and

(b) was not finally determined before the coming into force of these Regulations.

(2) Paragraph (1) is without prejudice to the application of Regulation 4(2) to an application for registration of a trade mark which was made before 5th May 2004 but which was not finally determined before the coming into force of these Regulations.

Section 7 Transitional Provisions

Regulation 5(3) does not apply to an application for a declaration of invalidity which was made, but not finally determined, before the coming into force of these Regulations.

Section 8 Transitional Provisions

(1) Regulation 5(3) does not apply to an application made on or after the coming into force of these Regulations for a declaration of invalidity in respect of a trade mark the application for the registration of which was made on or after 5th May 2004 but before the coming into force of these Regulations.

(2) Paragraph (1) is without prejudice to the application of Regulation 5(3) to any other application made on or after the coming into force of these Regulations for a declaration of invalidity (including an application in respect of a trade mark the application for the registration of which was made before 5th May 2004).