The Community Trade Mark (Designation of Community Trade Mark Courts) Regulations 2005

JurisdictionUK Non-devolved
CitationSI 2005/440

2005 No. 440

TRADE MARKS

The Community Trade Mark (Designation of Community Trade Mark Courts) Regulations 2005

Made 23th February 2005

Laid before Parliament 4th March 2005

The Secretary of State, in exercise of the powers conferred on her by section 52 of the Trade Marks Act 19941, makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Community Trade Mark (Designation of Community Trade Mark Courts) Regulations 2005 and (subject to paragraph (2)) shall come into force on 31st March 2005.

(2) Regulation 3 shall come into force on 1st April 2005.

S-2 Amendment Trade Marks (International Registrations Designating the European Community, etc.) Regulations 2004

Amendment Trade Marks (International Registrations Designating the European Community, etc.) Regulations 2004

2. Regulation 15 of the Trade Marks (International Registrations Designating the European Community, etc.) Regulations 20042shall be revoked.

S-3 Amendment of Community Trade Mark Regulations 1996

Amendment of Community Trade Mark Regulations 1996

3. For regulation 9 of the Community Trade Mark Regulations 19963there shall be substituted—

S-9

Designation of Community trade mark courts

9.—(1) For the purposes of Article 91 of the Community Trade Mark Regulation, the following courts are designated as Community trade mark courts—

(a)

(a) in England and Wales—

(i) the High Court;

(ii) any county court designated as a patents county court under section 287(1) of the Copyright, Designs and Patents Act 19884; and

(iii) the county courts listed in paragraph (2);

(b)

(b) in Scotland, the Court of Session; and

(c)

(c) in Northern Ireland, the High Court.

(2) The county courts referred to in paragraph (1)(a)(iii) are the county courts at—

(a)

(a) Birmingham;

(b)

(b) Bristol;

(c)

(c) Cardiff;

(d)

(d) Leeds;

(e)

(e) Liverpool;

(f)

(f) Manchester; and

(g)

(g) Newcastle upon Tyne.

(3) For the purpose of hearing appeals from judgments of the courts designated by paragraph (1), the following courts are also designated as Community trade mark courts—

(a)

(a) in England and Wales, the Court of Appeal;

(b)

(b) in Scotland, the Court of Session;

(c)

(c) in Northern Ireland, the Court of Appeal.”.

Sainsbury Of Turville

Parliamentary Under Secretary of State for Science and Innovation

Department of Trade and Industry

23rd February 2005

(This note is not part of the...

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