art 9 Amendment of the Trade Marks (International Registration) Order 1996
(1) Article 12 shall be amended as follows. (2) For paragraph (1) there shall be substituted— (1) Where the period of 18 months from the date on which the notification of the request for extension was sent to the United Kingdom expires without any notice of provisional refusal having been given and without the International Bureau having been informed that oppositions may be filed after the expiry of that period, the trade mark which is the subject of the request for protection shall thereupon be protected as a protected international trade mark (UK). (1A) Subject to paragraph (1), where particulars of an international registration have been published pursuant to article 10(1) in respect of all or some of the goods or services comprised in the international registration and the period for giving notice of opposition in accordance with article 10(2) expires without notice of opposition having been given in respect of any of the goods or services specified in the notice published pursuant to article 10(1) and without notice of refusal not based on an opposition having been given and not withdrawn, the trade mark which is the subject of the international registration in question shall thereupon be protected as a protected international trade mark (UK) in respect of those goods or services. (1B) Subject to paragraph (1), where particulars of an international registration have been published pursuant to article 10(1) in respect of all or some of the goods or services comprised in the international registration and on expiry of the period for giving notice of opposition in accordance with article 10(2) notice of opposition has been given in respect of some only of the goods or services specified in the notice published pursuant to article 10(1) and no notice of refusal not based on an opposition has been given and not withdrawn in respect of the remaining goods or services specified in that notice, the trade mark which is the subject of the international registration in question shall thereupon be protected as a protected international trade mark (UK) in respect of those remaining goods or services. (1C) Subject to paragraph (1), where particulars of an international registration have been published pursuant to article 10(1) in respect of all or some of the goods or services comprised in the international registration and within the period for giving notice of opposition in accordance with article 10(2) notice of opposition has been given in respect of all or some of the goods or services specified in the notice published pursuant to article 10(1) but subsequently a final decision is made that the notice of provisional refusal given as a result of that opposition is withdrawn, or is withdrawn in respect of some of the goods or services in respect of which protection in the United Kingdom has been requested, the trade mark which is the subject of the international registration in question shall thereupon be protected as a protected international trade mark (UK) in respect of the goods or services specified in the notice published pursuant to article 10(1) other than those in respect of which a notice of refusal (whether based on an opposition or otherwise) continues to subsist. (1D) For the purposes of paragraph (1C) a final decision shall be regarded as being made where the registrar, or the appointed person or the court on appeal or further appeal from the registrar, decides whether the refusal shall be upheld, in whole or in relation to some only of the goods or services in relation to which protection in the United Kingdom is requested, and any right of appeal against that decision expires or is exhausted. (3) For paragraph (3) there shall be substituted— (3) When a trade mark becomes protected pursuant to this article, the registrar shall publish a notice specifying the number of the international registration in respect of that trade mark, the date on which protection is conferred and the date and place of publication of the notice published under article 10(1) in relation to that trade mark.