UNITED KINGDOM STATUTORY INSTRUMENT
2016 No. 299
Trade Marks
The European Union Trade Mark Regulations 2016
Made 3rd March 2016
Laid before Parliament 7th March 2016
Coming into force 6th April 2016
The Secretary of State has been designatedfor the purposes of section 2(2) of the European Communities Act 1972in relation to intellectual property (including both registered and unregistered rights).
The Secretary of State makes these Regulations in exercise of the powers conferred by that section, by sections 52 and 78 of the Trade Marks Act 1994and by the Department of Trade and Industry (Fees) Order 1988.
Citation, commencement, extent and interpretationS-1
Citation, commencement, extent and interpretationCitation, 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
The 1994 Act is amended as follows.
2. The 1994 Act is amended as follows.
S-3
In the heading of Part II and in the italic heading before...
3. In the heading of Part II and in the italic heading before section 51, for “Community” substitute “European Union”.
S-4
For section 51, substitute— 51 Meaning of “European Union trade...
4. For section 51, substitute—
“Meaning of “European Union trade mark”
51 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 207/2009of 26 February 2009 on the European Union Trade Mark.”
S-5
Section 52 is amended as follows. In the heading, for...
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 40/94of 20th December 1993 on the Community trade mark.”.
Amendments to the Community Trade Mark Regulations 2006
Amendments to the Community Trade Mark Regulations 2006
S-6
The Community Trade Mark Regulations 2006 are amended as...
6. The Community Trade Mark Regulations 2006are amended as follows.
S-7
In regulations 2(1) and 5, for “Community trade mark court”...
7. In regulations 2(1) and 5, for “Community trade mark court” substitute “EU trade mark court”.
S-8
In regulations 2(2), 3 and 5 to 11 and in the heading of...
8. In regulations 2(2), 3 and 5 to 11 and in the heading of regulation 9—
(a) for “Community trade mark” in each place substitute “European Union trade mark”, and
9. In regulation 5(1), for “Article 98(1)” substitute “Article 102(1)”.
S-10
Regulation 10 is amended as follows. In paragraph (1), for...
10.—(1) Regulation 10 is amended as follows.
(2) In paragraph (1), for “Article 108” substitute “Article 112”.
(3) In paragraph (1)(b), for “Article 154(1)(a)” substitute “Article 159(1)(a)”.
(4) In paragraph (2), for “Article 109(3)” substitute “Article 113(3)”.
S-11
In regulation 11(3), for “Article 89” substitute “Article 93”.In regulation 11(3), for “Article 89” substitute “Article 93”.
11. In regulation 11(3), for “Article 89” substitute “Article 93”.
S-12
Regulation 12 is amended as follows. In the heading, for...
12.—(1) Regulation 12 is amended as follows.
(2) In the heading, for “Community trade mark courts” substitute “EU trade mark courts”.
(3) In paragraph (1) for “For the purposes of Article 91 of the Community Trade Mark Regulation, the following courts are designated as Community trade mark courts” substitute “For the purposes of Article 95 of the European Union Trade Mark Regulation, the following courts are designated as EU trade mark courts”.
S-13
Transitional ProvisionsTransitional 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 (EC) No 40/94of 20th December 1993 on the Community Trade Mark;
“the current Regulation” means Council Regulation (EC) No 207/2009of 26th February 2009 on the European Union 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 etcS-15
Consequential amendments etcConsequential amendments etc
15. The Schedule (which contains amendments etc consequential on the amendments made by regulations 2 to 5) has effect.
Neville-Rolfe
Parliamentary Under Secretary of State for Business, Innovation and Skills
Department for Business, Innovation and Skills
3rd March 2016
SCHEDULE
Regulation 15
CONSEQUENTIAL AMENDMENTS ETC
The 1994 Act
1. In sections 5(3), 6(1), 6A(5)and 47(2D)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 (EC) No 40/94of 20th December 1993 on the Community 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—
“ |
European Union trade mark |
section 51”; |
and
(b) omit the entry in the table relating to “Community Trade Mark Regulation” and at the appropriate place insert—
“ |
European Union Trade Mark Regulation |
section 51” |
4. The Community Trade Mark (Fees) Regulations 1995
The Community Trade Mark (Fees) Regulations 1995are revoked.
5. The Trade Mark Rules 2008
In rule 47(1) of the Trade Mark Rules 2008for “Community” in each place substitute “European Union”.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend sections 51 and 52 of the Trade Marks Act 1994 (“the Act”) and also amend the Community Trade Mark Regulations 2006 ( S.I. 2006/1027) (“the CTM Regulations”).
The CTM Regulations...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
