The European Union Trade Mark Regulations 2016

JurisdictionUK Non-devolved
CitationSI 2016/299

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 designated1for the purposes of section 2(2) of the European Communities Act 19722in 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 19943and by the Department of Trade and Industry (Fees) Order 19884.

Citation, commencement, extent and interpretation
S-1 Citation, commencement, extent and interpretation

Citation, 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

Amendments to the 1994 Act

S-2 The 1994 Act is amended as follows.

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—

S-51

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 Mark5.”

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—

S-3A

“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 mark6.”.

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 20067are 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

(b) for “Community Trade Mark Regulation” in each place substitute “European Union Trade Mark Regulation”.

S-9 In regulation 5(1), for “Article 98(1)” substitute “Article...

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”.

Transitional Provisions
S-13 Transitional Provisions

Transitional 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
S-14 Saving provision

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 etc
S-15 Consequential amendments etc

Consequential 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

The 1994 Act

SCH-1.1

1. In sections 5(3)8, 6(1)9, 6A(5)10and 47(2D)11of the 1994 Act, for “Community” in each place, substitute “European Union”.

SCH-1.2

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”.

SCH-1.3

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”

SCH-1.4

4. The Community Trade Mark (Fees) Regulations 1995

The Community Trade Mark (Fees) Regulations 199512are revoked.

SCH-1.5

5. The Trade Mark Rules 2008

In rule 47(1) of the Trade Mark Rules 200813for “Community” in each place...

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