Citation, commencement, extent and interpretation

1. —(1) These Regulations may be cited as the European Union Trade Mark Regulations 2016 and come into force on 6th April 2016.

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

(3) In these Regulations “the 1994 Act” means the Trade Marks Act 1994.

Amendments to the 1994 Act

2. The 1994 Act is amended as follows.

3. In the heading of Part II and in the italic heading before section 51, for “Community” substitute “European Union”.

4. For section 51, substitute—

“ 51. Meaning of “European Union trade mark”

In this Act—

“European Union trade mark” has the meaning given by Article 1(1) of the European Union Trade Mark Regulation; and

“the European Union Trade Mark Regulation” means Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union Trade Mark ( 5 ) . ”

5. —(1) Section 52 is amended as follows.

(2) In the heading, for “Community”, substitute “European Union”.

(3) In subsections (1) to (3), for “Community” in each place substitute “European Union”.

(4) Omit subsection (2)(a).

(5) In subsection (3)(b), for “Article 89” substitute “Article 93”.

(6) After subsection (3) insert—

“ (3A) The reference in subsections (1) and (2)(d) to the European Union Trade Mark Regulation includes a reference to Council Regulation (EC) No 40/94 of 20th December 1993 on the Community trade mark ( 6 ) . ” .

Amendments to the Community Trade Mark Regulations 2006

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Transitional Provisions

13. —(1) Anything done or having effect as if done under, for the purposes of, or in reliance on the old Regulation or a provision of the old Regulation has effect, so far as necessary for continuing its effect after the coming into force of these Regulations, as if done under, for the purposes of, or in reliance on the current Regulation or the corresponding provision of that Regulation.

(2) In this regulation—

“the old Regulation” means Council Regulation Trade Mark;

“the current Regulation” means Council Regulation Trade Mark.

Saving provision

14. Subject to the amendments made by regulations 6 to 12, any regulations made under section 52 of the 1994 Act which have effect immediately before the coming into force of these Regulations have effect after then as if made under that section as amended by these Regulations.

Consequential amendments etc

15. The Schedule (which contains amendments etc consequential on the amendments made by regulations 2 to 5) has effect.

Regulation 15

SCHEDULE CONSEQUENTIAL AMENDMENTS ETC

The 1994 Act

1. In sections 5(3)( 7 ), 6(1)( 8 ), 6A(5)( 9 ) and 47(2D)( 10 ) of the 1994 Act, for “Community” in each place, substitute “European Union”.

2. In section 8(5) of the 1994 Act, for “the Community Trade Mark Regulation” substitute “Council Regulation trade mark”.

3. In section 104 of the 1994 Act—

(a) omit the entry in the table relating to “Community trade mark” and at the appropriate place insert—

and

(b) omit the entry in the table relating to “Community Trade Mark Regulation” and at the appropriate place insert—

The Community Trade Mark (Fees) Regulations 1995

4.The Community Trade Mark (Fees) Regulations 1995( 11 ) are revoked.

The Trade Mark Rules 2008

5. In rule 47(1) of the Trade Mark Rules 2008( 12 ) for “Community” in each place substitute “European Union”.