Citation and commencement

1. These Regulations may be cited as the Trade Marks (Amendment) Regulations 2022 and come into force on the twenty-first day after the day on which they are made.

Amendments to the Trade Marks Act 1994

2.The Trade Marks Act 1994( 2 ) is amended in accordance with regulations 3 to 5.

3. In section 56(1)( 3 )—

(a) in paragraph (a), after “national of” insert “the United Kingdom or” , and

(b) in paragraph (b), after “establishment in,” insert “the United Kingdom or” .

4. In section 56(2), for the words from “his mark” to “confusion” substitute—

“ the well known trade mark—

(a) in relation to identical or similar goods or services, where the use is likely to cause confusion, or

(b) where the well known trade mark has a reputation in the United Kingdom and the use of the other trade mark—

(i) is without due cause, and

(ii) takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the well known trade mark ” .

5. After section 56(2) insert—

“ (2A) Subsection (2)(b) applies irrespective of whether the goods or services in relation to which the other trade mark is used are identical with, similar to or not similar to those for which the well known trade mark is entitled to protection. ” .