Citation and commencement

1. These Rules may be cited as the Trade Marks and Registered Designs (Amendment) Rules 2013 and come into force on 31st March 2013.

Amendments to the Trade Marks Rules 2008

2. The Trade Marks Rules 2008( 4 ) are amended as follows.

3. —(1) Rule 18 (Opposition proceedings: filing of counter-statement and cooling off period (Forms TM8, TM9c & TM9t)) is amended as follows.

(2) In paragraph (3) for “shall begin on the notification date and end two months after that date” substitute “is the period of two months beginning immediately after the notification date”.

(3) In paragraph (4)(b) for “beginning on” substitute “beginning immediately after”.

(4) In the tailpiece to paragraph (4) for “shall begin on the notification date and end nine months after that date” substitute “is the period of nine months beginning immediately after the notification date”.

(5) In the tailpiece to paragraph (5) for “shall begin on the notification date and end eighteen months after that date” substitute “is the period of eighteen months beginning immediately after the notification date”.

(6) In the tailpiece to paragraph (6) after “two months” insert “beginning immediately”.

4. In the rules set out in Schedule 1 to these Rules, for “beginning with” substitute “beginning immediately after”.

Amendments to the Registered Designs Rules 2006

5. The Registered Designs Rules 2006( 5 ) are amended as follows.

6. In rule 23(2)(a)(i) omit the words “not resident in” and insert the same words in rule 23(2)(a) after “the United Kingdom but”.

7. In the rules set out in Schedule 2 to these Rules, for “beginning with” substitute “beginning immediately after”.

Transitional Provisions

8. Where, immediately before these Rules come into force, any period of time prescribed by rule 18 of the Trade Marks Rules 2008 or any of the rules set out in the Schedules to these Rules has effect in relation to any act or proceeding and has not expired, those rules as amended by these Rules shall apply in determining the expiry of that period.

Rule 4

SCHEDULE 1 Trade Marks Rules 2008

• Rule 12(2) (Failure to provide an address for service)

• Rule 17(2) (Opposition proceedings: filing of notice of opposition; section 38(2) (FormTM7))

• Rule 17(3) (Opposition proceedings: filing of notice of opposition; section 38(2) (FormTM7))

• Rule 25(3)(b) (Amendment of application after publication; section 39 (Form TM7))

• Rule 30(5)(b) (Amendment of regulations of collective and certification marks)

• Rule 32(4)(b) (Alteration of registered trade marks; section 44 (Forms TM25 and TM7))

• Rule 43(2) (Setting aside cancellation of application or revocation or invalidation of registration; (Form TM29))

• Rule 71(2) (Appeal to person appointed; section 76)

• Rule 71(4) (Appeal to person appointed; section 76)

• Rule 77(4)(a) (Alteration of time limits (Form TM9))

Rule 7

SCHEDULE 2 Registered Designs Rules 2006

• Rule 7(3) (Convention applications)

• Rule 7(7) (Convention applications)

• Rule 8(3) (Substantive and formal examination of application)

• Rule 9(2) (Representation of design for publication)

• Rule 10(1) (Time limits under section 3(5) and section 3B)

• Rule 10(2) (Time limits under section 3(5) and section 3B)

• Rule 12(4) (Extension of duration of right in registered design)

• Rule 13(2) (Restoration of a lapsed right in a design under section 8A)

• Rule 13(5) (Restoration of a lapsed right in a design under section 8A)

• Rule 29(2)(a) (Inspection of documents)

• Rule 30(2)(a) (Confidential information)

• Rule 43(2) (Failure to furnish an address for service)