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The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019

Consolidated Text As Enacted Cited authorities 74 Cited in Amendments 27 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2019/269
(1) These Regulations may be cited as the Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.(2) In these Regulations—
  • “the 1994 Act” means the Trade Marks Act 1994;
  • “the Rules” means the Trade Mark Rules 2008 .
  • Schedule 1 contains amendments to the 1994 Act to make provision for certain trade marks registered as European Union trade marks to be treated as registered trade marks from
  • Schedule 2, which makes provision for the payment of fees in respect of a comparable trade mark (EU) (as that term is defined for the purposes of Schedule 2A to the 1994 Act as inserted by Schedule 1) , has effect.
  • Schedule 3, which contains other amendments to the 1994 Act, has effect.
  • Schedule 4, which contains amendments to the Rules, has effect.
  • Schedule 5, which contains consequential amendments, repeals, revocations, transitional and saving provisions, has effect.
    • (1) The 1994 Act is amended as follows.(2) After section 52 F4 (and before the italic heading before section 53) , insert—
      (52A) Certain trade marks registered as European Union trade marks to be treated as registered trade marksSchedule 2A makes provision for European Union trade marks (including certain expired and removed marks) to be treated as registered trade marks with effect from F37IP completion day and about certain applications for a European Union trade mark made before F37IP completion day.
    Schedule 2A makes provision for European Union trade marks (including certain expired and removed marks) to be treated as registered trade marks with effect from F37IP completion day and about certain applications for a European Union trade mark made before F37IP completion day.(3) After Schedule 2, insert—
      (SCHEDULE 2A
    A trade mark which is registered in the EUTM Register immediately before F38IP completion day (an “existing EUTM”) is to be treated on and after F38IP completion day as if an application had been made, and the trade mark had been registered, under this Act in respect of the same goods or services as the existing EUTM is registered in the EUTM Register.A registered trade mark which comes into being by virtue of sub-paragraph (1) is referred to in this Act as a comparable trade mark (EU) .This Act applies to a comparable trade mark (EU) as it applies to other registered trade marks except as otherwise provided in this Schedule.A comparable trade mark (EU) is deemed for the purposes of this Act to be registered as of the filing date accorded pursuant to Article 32 to the application which resulted in the registration of the corresponding EUTM and that date is deemed for the purposes of this Act to be the date of registration.Section 40(3) and (4) does not apply to the registration of a comparable trade mark (EU) under this Part.Section 67(1) applies in relation to the provision of information and the inspection of documents relating to a comparable trade mark (EU) notwithstanding that there will have been no application under this Act for the registration of the trade mark (and so no publication of an application) .Nothing in this Act authorises the imposition of a fee, or the making of provision by rules or regulations which authorises the imposition of a fee, in respect of any matter relating to a comparable trade mark (EU) (see instead provision made by regulations under Schedule 4 to the European Union (Withdrawal) Act 2018) .the date of filing of an application for registration of a comparable trade mark (EU) is the filing date accorded pursuant to Article 32 to the application which resulted in the registration of the corresponding EUTM;references to the date of application for registration of a comparable trade mark (EU) are to the date of filing of the application;where an earlier trade mark is a comparable trade mark (EU) , references to the completion of the registration procedure for the earlier trade mark are to the completion of the registration procedure in respect of the corresponding EUTM.“corresponding EUTM”, in relation to a comparable trade mark (EU) , means the existing EUTM from which the comparable trade mark (EU) derives;“the EUTM Register” means the register of European Union trade

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