Trade Marks (Claims to Priority from Relevant Countries) Order 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/2803 |
| Year | 1994 |
1994 No. 2803
TRADE MARKS
The Trade Marks (Claims to Priority from Relevant Countries) Order 1994
Made 2nd November 1994
Laid before Parliament 14th November 1994
Coming into force 5th December 1994
At the Court at Buckingham Palace, the 2nd day of November 1994
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 36(1) and (2) of the Trade Marks Act 19941, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
1. This Order may be cited as the Trade Marks (Claims to Priority from Relevant Countries) Order 1994 and shall come into force on 5th December 1994.
2. In this Order—
“the Act” means the Trade Marks Act 1994;
“duly filed” means a filing which is adequate to establish the date on which the application was filed in the relevant country in question, whatever may be the subsequent fate of the application; and
“relevant country” means any country or territory specified in the Schedule to this Order.
3. A person who has duly filed an application for the protection of a trade mark in a relevant country shall have a right to priority, for the purpose of registering the same trade mark under the Act for some or all of the same goods or services, for a period of six months from the date of filing of the application in that country.
4. Where the application for registration under the Act is made within the aforesaid period of six months—
(a) the relevant date for the purpose of establishing which rights take precedence shall be the date of the filing of the application in the relevant country, and
(b) the registrability of the trade mark shall not be affected by any use of the mark in the United Kingdom in the period between that date and the date of the application under the Act.
5. A subsequent application concerning the same subject as the first application, duly filed in the same relevant country, shall be considered the first application to be filed in that country (of which the filing date shall be the starting date of the period of priority) if at the time of the subsequent application—
(a) the previous application has been withdrawn, abandoned or refused, without having been laid open to public inspection and without leaving any rights outstanding, and
(b) it has not yet served as a basis for claiming a right of priority.
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