This Statutory Instrument has been made in consequence of a defect in SI 1996/1908 and SI 2004/2332 and is being issued free of charge to all known recipients of those Statutory Instruments.
Statutory Instruments
2005 No. 440
TRADE MARKS
The Community Trade Mark (Designation of Community Trade Mark Courts) Regulations 2005
Made
23rd February 2005
Laid before Parliament
4th March 2005
Coming into force
Regulation 3-
1st April 2005
Remainder -
31st March 2005
The Secretary of State, in exercise of the powers conferred on her by section 52 of the Trade Marks Act 1994( 1 ), makes the following Regulations:
Citation and commencement
1. —(1) These Regulations may be cited as the Community Trade Mark (Designation of Community Trade Mark Courts) Regulations 2005 and (subject to paragraph (2)) shall come into force on 31st March 2005.
(2) Regulation 3 shall come into force on 1st April 2005.
Amendment Trade Marks (International Registrations Designating the European Community, etc. ) Regulations 2004
2.Regulation 15 of the Trade Marks (International Registrations Designating the European Community, etc.) Regulations 2004( 2 ) shall be revoked.
Amendment of Community Trade Mark Regulations 1996
3. For regulation 9 of the Community Trade Mark Regulations 1996( 3 ) there shall be substituted—
“ Designation of Community trade mark courts
9. —(1) For the purposes of Article 91 of the Community Trade Mark Regulation, the following courts are designated as Community trade mark courts—
(a) in England and Wales—
(i) the High Court;
(ii) any county court designated as a patents county court under section 287(1) of the Copyright, Designs and Patents Act 1988 ( 4 ) ; and
(iii) the county courts listed in paragraph (2);
(b) in Scotland, the Court of Session; and
(c) in Northern Ireland, the High Court.
(2) The county courts referred to in paragraph (1)(a)(iii) are the county courts at—
(a) Birmingham;
(b) Bristol;
(c) Cardiff;
(d) Leeds;
(e) Liverpool;
(f) Manchester; and
(g) Newcastle upon Tyne.
(3) For the purpose of hearing appeals from judgments of the courts designated by paragraph (1), the following courts are also designated as Community trade mark courts—
(a) in England and Wales, the Court of Appeal;
(b) in Scotland, the Court of Session;
(c) in Northern Ireland, the Court of Appeal. ” .
Sainsbury Of Turville
Parliamentary Under Secretary of State for Science and Innovation
Department of Trade and Industry
23rd February 2005