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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
WEDNESDAY, 18 APRIL 2012
UK notification, mark merger amendments to take effect from October
There is some new secondary trade mark legislation in the United Kingdom. The Trade Marks and Trade Marks (Fees) (Amendment) Rules 2012, 2012 No.1003, were laid before Parliament earlier this month and take effect from 1 October 2012. 

According to the Explanatory Note that accompanies the Rules, 

"These Rules amend the Trade Mark Rules 2008

Rule 2 amends Rule 14 to remove the ability of the proprietor of a Community trade mark or international trade mark entitled to protection in the European Union under the Madrid Protocol to request to be notified of the results of searches under article 4 of the Trade Marks (Relative Grounds) Order 2007

Rule 2 also amends article 27 of the 2008 Rules to remove the procedure for the merger of trade mark applications before any trade marks have been registered pursuant to those applications. It also provides that an application for merger of trade marks can only be made in respect of trade marks that have the same renewal date. 

The amendments made by Rule 2 also prohibit an application for merger of trade marks which are the subject of proceedings for revocation or invalidation or which are the subject of an international registration pursuant to the Madrid Protocol. 

Rule 3 contains an amendment to the Trade Marks (Fees) Rules 2008 in consequence of the amendments to Rule 14 of the Trade Marks Rules 2008. Rule 4 contains transitional provisions".
Posted by: Blog Administrator @ 09.51
Tags: United Kingdom,
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