Community Trade Mark Regulations 1996

JurisdictionUK Non-devolved
CitationSI 1996/1908

1996No. 1908

TRADE MARKS

The Community Trade Mark Regulations 1996

23rdJuly1996

23rdJuly1996

14thAugust1996

The Secretary of State, in exercise of powers confected by section 52 of the Trade Marks Act 1994 ( a) hereby makes the following Regulations:-

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.

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. 40/94 of 20th December 1993 on the Community trade mark; ( b)

"the Rules" means the Trade Marks Rules 1994 ( c) and references to a rule shall, unless the context otherwise requires, be construed accordingly.

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.

(a) 1994 c.26.

(b) O.J. No. L 11, 14.1.94.

(c) S.I. 1994/2583.

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.

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...

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