Community Trade Mark Regulations 1996

1996 No. 1908

TRADE MARKS

The Community Trade Mark Regulations 1996

Made 23th July 1996

Laid before Parliament 23th July 1996

Coming into force 14th August 1996

The Secretary of State, in exercise of powers confected by section 52 of the Trade Marks Act 19941hereby makes the following Regulations:—

S-1 These Regulations may be cited as the Community Trade Mark...

1.—(1) These Regulations may be cited as the Community Trade Mark Regulations 1996 and come into force on 14th August 1996.

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

S-2 Interpretation

Interpretation

2. In these Regulations—

“the Act” means the Trade Marks Act 1994, and references to a section are, unless the context otherwise requires, to sections of that Act;

“the Community Trade Mark Regulation” means Council Regulation (EC) No. 40/94of 20th December 1993 on the Community trade mark2;

“the Rules” means the Trade Marks Rules 19943and references to a rule shall, unless the context otherwise requires, be construed accordingly.

S-3 Determination a posteriori of invalidity and liability to revocation

Determination a posteriori of invalidity and liability to revocation

3.—(1) Where the proprietor of a Community trade mark claims the seniority of a registered trade mark which has been removed from the register under section 43 or has been surrendered under section 45, application may be made to the registrar or to the court by any person for a declaration that, if the registered trade mark had not been so removed or surrendered, it would have been liable to be revoked under section 46 or declared invalid under section 47.

(2) Where a registered trade mark has been surrendered in respect of some only of the goods or services for which it is registered, paragraph (1) above shall apply in relation to those goods or services.

(3) The provisions of section 46 or 47 (as the case may be), sections 72, 74 and 76, with necessary modifications, apply in relation to an application under paragraph (1) above.

(4) The provisions of rule 31, with necessary modifications, apply in relation to the procedure on applications made under paragraph (1) above.

S-4 Groundless threats of infringement proceedings

Groundless threats of infringement proceedings

4. The provisions of section 21 apply in relation to a Community trade mark as in relation to a registered trade mark.

S-5 Privilege for communications with professional representatives

Privilege for communications with professional representatives

5. The provisions of section 87 (privilege for communications between a person and his registered trade mark agent) apply in relation to persons on the list of professional representatives maintained in pursuance of Article 89 of the Community Trade Mark Regulation (“professional representatives”) and for this purpose the definition of “trade mark agent” in subsection (3) of that section includes professional representatives.

S-6 Importation of infringing goods, material or articles

Importation of infringing goods, material or articles

6. The provisions of section 89 (infringing goods, material or articles may be treated as prohibited goods) section 90 and section 91 of the Act (power of Commissioners of Customs and Excise to disclose information) apply in relation to goods which are, in relation to a...

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