Trade Marks (International Registration) (Amendment) Order 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/138 |
| Year | 2000 |
2000 No. 138
TRADE MARKS
The Trade Marks (International Registration) (Amendment) Order 2000
Made 23th January 2000
Laid before Parliament 26th January 2000
Coming into force 17th February 2000
The Secretary of State, in exercise of the powers conferred by section 54 of the Trade Marks Act 19941(“the Act”), hereby makes the following Order:—
1. This Order may be cited as the Trade Marks (International Registration) (Amendment) Order 2000 and shall come into force on 17th February 2000.
2. The Trade Marks (International Registration) Order 19962is amended as set out in articles 3 to 11.
3. In article 2, for the definition of “the Rules” substitute—
““the Rules” means the Trade Marks Rules 20003and references to a rule shall, unless the context otherwise requires, be construed accordingly;”.
4. In article 6, for paragraph (6) substitute—
“6 “Prescribed particulars” means the particulars prescribed by rule 40.”.
5. In article 10—
(a) for paragraph (4) substitute—
“4 Subject to paragraphs (4A) and (4B) below, within three months of the date on which notice of refusal based on opposition is given to the International Bureau, the holder may file a counter-statement, in conjunction with notice of the same on Form TM8 and an address for service in the United Kingdom.
4A Subject to paragraph (4B), at any time before the expiry of the period prescribed by paragraph (4) above for filing of Form TM8 by the holder the registrar may, on request, grant an extension of three months to that period where such request is filed on Form TM9c and with the agreement of both the holder and the opposing party (the “cooling off period”); the registrar may, on request, extend the cooling off period for a further three months where such request is filed on Form TM9c and with the agreement of both the holder and the opposing party.
4B Within one month after the expiry of the cooling off period the holder may file a counter-statement, in conjunction with notice of the same on Form TM8 and an address for service in the United Kingdom.”;
(b) after paragraph (5) insert—
“5A The provisions of rule 36 (case management) and rule 37 (pre-hearing review) shall apply in relation to opposition proceedings.”.
6. In article 11,—
(a) for paragraph (4)(b)(i) substitute—
“(i)
“(i) the holder files a counter-statement within the period specified in article 10(4) or 10(4B), or”;
(b) for paragraph (5)(b) substitute—
“(b)
“(b) after notice of refusal based on an opposition, the holder files a counter-statement within the period specified in article 10(4) or 10(4B),”.
7. In article 12, for paragraph (1)(a)(iii) substitute—
“(iii)
“(iii) notice of refusal has been given in respect of some only of the goods or services in respect of which protection in the United Kingdom has been requested and the registrar informs the International Bureau in accordance with article 11(4) that the holder has made no representations within the period specified in article 9(4) or has filed no counter-statement within the period specified in article...
To continue reading
Request your trial