This Statutory Instrument has been made in consequence of defects in SI 2004/946 and SI 2004/2332 and is being issued free of charge to all known recipients of those Statutory Instruments.
Statutory Instruments
2008 No. 1067
Trade Marks
The Trade Marks (Earlier Trade Marks) Regulations 2008
Made
9th April 2008
Laid before Parliament
14th April 2008
Coming into force
10th May 2008
The Secretary of State, being a Minister designated( 1 ) for the purposes of section 2(2) of the European Communities Act 1972( 2 ) in relation to intellectual property (including both registered and unregistered rights), in exercise of the powers conferred on the Secretary of State by that section, makes the following Regulations.
Citation, commencement and extent
1. These Regulations may be cited as the Trade Marks (Earlier Trade Marks) Regulations 2008 and shall come into force on 10th May 2008.
2. These Regulations extend to England and Wales, Scotland and Northern Ireland.
Amendments to the Trade Marks Act 1994
3.The Trade Marks Act 1994( 3 ) is amended as follows.
4. —(1)Section 6A (raising of relative grounds in opposition proceedings in case of non-use)( 4 ) 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)”.
5. —(1)Section 47 (grounds for invalidity of registration) is amended as follows.
(2) In subsection (2D)( 5 ) after “Community trade mark” insert “or international trade mark (EC)”.
(3) After subsection (2E)( 6 ) insert—
“ (2F) Subsection (2A) does not apply where the earlier trade mark is a trade mark within section 6(1)(c). ” .
Transitional Provisions
6. —(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.
7. 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.
8. —(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).
Baroness Delyth Morgan
Parliamentary Under Secretary of State for Intellectual Property and Quality
Department for Innovation, Universities and Skills
9th April 2008
1994 c. 26 , relevant amendments to which are noted below.
Section 6A was inserted by regulation 4 of S.I. 2004/946 .
Section 47(2D) was inserted by regulation 6 of S.I. 2004/946 .
Section 47(2E) was inserted by regulation 6 of S.I. 2004/946 .