Trading Standards use the information you give them to investigate unfair trading and illegal business activity, like rogue traders and scams. 10B. 1.2 What is the relevant trade mark legislation in your jurisdiction? Tenders & Business. Citation, commencement and interpretation, Absolute grounds for refusal of registration, Relative grounds for refusal of registration, Grounds for refusal relating to only some of the goods or services, Raising of relative grounds in opposition proceedings in case of non-use, Rights conferred by registered trade mark, Right to prevent goods entering the UK without being released for free circulation and prohibition on the use of a trade mark registered in the name of an agent or representative, Limits on effect of registered trade mark, Non-use as defence in infringement proceedings, Application for registration of trade mark as an object of property, General provisions as to rights of licensees in case of infringement, Publication, opposition proceedings and observations, Power to make provision in connection with European Union Trade Mark Regulation, Acts of agent or representative: Article 6septies, Infringing goods, material or articles may be treated as prohibited goods. Rights conferred by registered trade mark. 1.Citation, commencement and interpretation, 4.Absolute grounds for refusal of registration, 5.Relative grounds for refusal of registration, 6.Grounds for refusal relating to only some of the goods or services, 8.Raising of relative grounds in opposition proceedings in case of non-use, 9.Rights conferred by registered trade mark, 11.Right to prevent goods entering the UK without being released for free circulation and prohibition on the use of a trade mark registered in the name of an agent or representative, 12.Limits on effect of registered trade mark, 13.Non-use as defence in infringement proceedings, 14.Assignment, &c of registered trade mark, 15.Application for registration of trade mark as an object of property, 17.General provisions as to rights of licensees in case of infringement, 19.Publication, opposition proceedings and observations, 20.Registration: supplementary provisions, 23.Grounds for invalidity of registration, 26.Meaning of “European Union trade mark”, 27.Power to make provision in connection with European Union Trade Mark Regulation, 28.Acts of agent or representative: Article 6septies, 30.Infringing goods, material or articles may be treated as prohibited goods. priority date, for a trade mark that is the subject of an IRDA or a protected international trade mark, has the meaning given by regulation 17A.3. 54.Subject to the amendments made by regulations 45 to 49,... Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. 31.Reproduction of trade marks in dictionaries, encyclopaedias etc. These … Reproduction of trade marks in dictionaries, encyclopaedias etc. In order to ensure legal certainty and safeguard legitimately acquired trade mark rights, it is appropriate and necessary to lay down, without prejudice to the principle that the later trade mark cannot be enforced against the earlier trade mark, that proprietors of EU trade marks should not be entitled to oppose the use of a later trade mark if the later trade mark was acquired at a time when the earlier trade mark could not be enforced against the later trade mark. An application for the registration of a certification trademark under section 43 of the Act shall be made to the Registrar upon Form 5 and shall be accompanied by two duplicates of the application or unstamped copies of Form 5 and by six additional representations of the mark on Form 3. 2006/1027) (“the CTM Regulations”). Those changes will be listed when you open the content using the Table of Contents below. Right to prevent goods entering the UK without being released for free circulation and prohibition on the use of a trade mark registered in the name of an agent or representative 12. 667) (3) All representations of marks must be of a durable nature. For more information see the EUR-Lex public statement on re-use. 1.Citation, commencement and interpretation, 4.Absolute grounds for refusal of registration, 5.Relative grounds for refusal of registration, 6.Grounds for refusal relating to only some of the goods or services, 8.Raising of relative grounds in opposition proceedings in case of non-use, 9.Rights conferred by registered trade mark, 11.Right to prevent goods entering the UK without being released for free circulation and prohibition on the use of a trade mark registered in the name of an agent or representative, 12.Limits on effect of registered trade mark, 13.Non-use as defence in infringement proceedings, 14.Assignment, &c of registered trade mark, 15.Application for registration of trade mark as an object of property, 17.General provisions as to rights of licensees in case of infringement, 19.Publication, opposition proceedings and observations, 20.Registration: supplementary provisions, 23.Grounds for invalidity of registration, 26.Meaning of “European Union trade mark”, 27.Power to make provision in connection with European Union Trade Mark Regulation, 28.Acts of agent or representative: Article 6septies, 30.Infringing goods, material or articles may be treated as prohibited goods. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. Trade Marks Rules The Trade Marks Rules 2008 set out the detailed procedures under the Trade Marks Act 1994, and came into force on 1 October 2008. Effects of registered trade mark 9. Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. For further information see the Editorial Practice Guide and Glossary under Help. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. If you think a business has broken the law or acted unfairly, you can report them to Trading Standards. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. These regulations shall apply to the BASEC Product Certification and Licensing Schemes. (4) Every application to register a trade mark shall be accompanied by three additional representations of the mark, which shall correspond exactly with the representation on the application. Application under Section 43 40. Box 6848 Kampala Uganda Phone: +256 414 233 219 Limits on effect of registered trade mark. Trade Mark Legislation & Regulations. Subject to the amendments made by regulations 45 to 49,... the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. § 2.195 Filing date of … This is the original version (as it was originally made). In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). It makes significant and important changes to the UK trade mark regime. For more information see the EUR-Lex public statement on re-use. No changes have been applied to the text. TRADEMARKS-ACT-2010. European Union trade mark legal texts On this page you will find the regulations that govern the EU trade mark system as well as the EU directive approximating the laws of the EU Member States relating to trade marks. Right to prevent goods entering the UK without being released for free circulation. § 2.193 Trademark correspondence and signature requirements. Access essential accompanying documents and information for this legislation item from this tab. Citation, commencement and interpretation, Absolute grounds for refusal of registration, Relative grounds for refusal of registration, Grounds for refusal relating to only some of the goods or services, Raising of relative grounds in opposition proceedings in case of non-use, Rights conferred by registered trade mark, Right to prevent goods entering the UK without being released for free circulation and prohibition on the use of a trade mark registered in the name of an agent or representative, Limits on effect of registered trade mark, Non-use as defence in infringement proceedings, Application for registration of trade mark as an object of property, General provisions as to rights of licensees in case of infringement, Publication, opposition proceedings and observations, Power to make provision in connection with European Union Trade Mark Regulation, Acts of agent or representative: Article 6septies, Infringing goods, material or articles may be treated as prohibited goods, Reproduction of trade marks in dictionaries, encyclopaedias, Application for registration: section 32 (Form TM3), Application may relate to more than one class and shall specify the class (Form TM3A), Opposition proceedings: filing of notice of opposition, Reminder of renewal of registration; section 43, Renewal of registration; section 43 (Form TM11), Restoration of registration; section 43 (Form TM13), Entry in register of particulars of registered trade marks; section 63(2) (Form TM24), Determination of invalidity and liability to revocation in relation to claims of seniority, Privilege for communications with those on the list of professional trade marks representatives, Designation of Community trade mark courts, Amendments to the International Registration Order, Provisions of the Act and Trade Mark Rules which do not apply to International Trade Marks (UK) or requests for extension, Modifications to provisions of the Act applied to International Trade Marks (UK). Use this menu to access essential accompanying documents and information for this legislation item. Following on from comments received, certain aspects … It gives a general overview of the changes most likely to impact on business, and which will come into effect on 14 January 2019, but it is not a substitute for legal advice on specific issues. 13. earlier trade mark takes precedence over later registered trade marks, it is necessar y to provide that the enforcement of r ights conferred by an EU trade mark should be without prejudice to the r ights of propr ietors acquired pr ior to the filing or pr ior ity date of the EU trade mark. In addition to this, amendments to the Trade Marks Act 1994 (TMA), and secondary legislation in the form of the Trade Marks Rules 2008, and amending and standalone regulations … Access essential accompanying documents and information for this legislation item from this tab. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. Get copies of patent, trade mark or design registration documents License, mortgage, transfer, merge and market your trade mark Correct a trade mark application: witness statement This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 12. 1. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. The Trade Mark Directive 2015/2436 (the Directive ) was designed to bring about a more harmonious approach to trade mark law across all EU member states. The new Regulations implement the Trade Marks Directive (2015/2436) and amend the Trade Marks Act 1994 and the Trade Mark Rules 2008. TRADE MARKS REGULATIONS, 1970 (L.I. 14. Convention applications. This date is our basedate. § 2.194 Identification of trademark application or registration. Should there be any differences between this translation and the authentic Norwegian text, the decision will be made on the basis of the authentic Norwegian text. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. THE TRADE SECRETS PROTECTION ACT 2009 . Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. Representation of trade mark. Application for registration: section 32 (Form TM3), Application may relate to more than one class and shall specify the class (Form TM3A), Opposition proceedings: filing of notice of opposition, Reminder of renewal of registration; section 43, Renewal of registration; section 43 (Form TM11), Restoration of registration; section 43 (Form TM13), Entry in register of particulars of registered trade marks; section 63(2) (Form TM24), Determination of invalidity and liability to revocation in relation to claims of seniority, Privilege for communications with those on the list of professional trade marks representatives, Designation of Community trade mark courts, Amendments to the International Registration Order, Provisions of the Act and Trade Mark Rules which do not apply to International Trade Marks (UK) or requests for extension, Modifications to provisions of the Act applied to International Trade Marks (UK). The first date in the timeline will usually be the earliest date when the provision came into force. Trade Marks Regulations, 2005 . Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. Address: Uganda Registration Services Bureau Plot 5 George Street, Georgian House, P.O. Also available are links to earlier versions of the relevant legal texts and other resources. 16 - List of Trademark Agents; 22 - Representation; 26 - Prohibited Marks; 27 - Application for Registration of Trademark; 33 - Request for Priority; 34 - Default in Prosecution of Application 35.Application for registration: section 32 (Form TM3), 36.Application may relate to more than one class and shall specify the class (Form TM3A), 38.Opposition proceedings: filing of notice of opposition, 40.Reminder of renewal of registration; section 43, 41.Renewal of registration; section 43 (Form TM11), 42.Restoration of registration; section 43 (Form TM13), 43.Entry in register of particulars of registered trade marks; section 63(2) (Form TM24), PART 4 Amendments to the CTM Regulations and the International Registration Order, 45.Determination of invalidity and liability to revocation in relation to claims of seniority, 48.Privilege for communications with those on the list of professional trade marks representatives, 49.Designation of Community trade mark courts, 50.Amendments to the International Registration Order, 51.Provisions of the Act and Trade Mark Rules which do not apply to International Trade Marks (UK) or requests for extension, 52.Modifications to provisions of the Act applied to International Trade Marks (UK). These changes have been made by the Trade Marks Regulations 2018 (TM Regs). Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below. If the mark is to be registered in more than one Trademark Office. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. Subject to the amendments made by regulations 45 to 49,... the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. Where an EU trade mark is registered in the name of the agent or representative of a person who is the proprietor of that trade mark, without the proprietor's authorisation, the latter shall be entitled to demand the assignment of the EU trade mark in his favour, unless such … Trademarks Regulations. 10A. Infringement of registered trade mark. The new EU Trade Mark Directive (2015/2436), designed, in part, to make trade mark law across the EU fit for the digital age, will be implemented into UK law on 14 January 2019 via the Trade Marks Regulations 2018 (the Regulations). Clicking on the links below will take you to the legislation on the Guernsey Legal Resources website. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. Right to prevent goods entering the UK without being released for free circulation and prohibition on the use of a trade mark registered in the name of an agent or representative 12. (1) These Regulations shall apply to such applications as they apply to applications for the registration of ordinary trademarks, except that for references therein t… Trade Mark Regulations This is a translation of the Regulations to the Norwegian Trade Marks Act. 54.Subject to the amendments made by regulations 45 to 49,... Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. 1 - PART 1 - Rules of General Application. TRADEMARK ACTS & REGULATIONS. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. TRADEMARKS REGULATIONS-2012. 35.Application for registration: section 32 (Form TM3), 36.Application may relate to more than one class and shall specify the class (Form TM3A), 38.Opposition proceedings: filing of notice of opposition, 40.Reminder of renewal of registration; section 43, 41.Renewal of registration; section 43 (Form TM11), 42.Restoration of registration; section 43 (Form TM13), 43.Entry in register of particulars of registered trade marks; section 63(2) (Form TM24), PART 4 Amendments to the CTM Regulations and the International Registration Order, 45.Determination of invalidity and liability to revocation in relation to claims of seniority, 48.Privilege for communications with those on the list of professional trade marks representatives, 49.Designation of Community trade mark courts, 50.Amendments to the International Registration Order, 51.Provisions of the Act and Trade Mark Rules which do not apply to International Trade Marks (UK) or requests for extension, 52.Modifications to provisions of the Act applied to International Trade Marks (UK). This guidance covers changes to the Trade Marks Act 1994 (TMA), and the Trade Marks Rules 2008 (TMR). We also work with the IP offices of the EU Member States and international partners to offer a similar registration experience for … Authorization to Proceed 41. The table below lists the Guernsey trade mark legislation and regulations which are currently in force. No changes have been applied to the text. Different options to open legislation in order to view more content on screen at once. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. Different options to open legislation in order to view more content on screen at once. Any changes that have already been made by the team appear in the content and are referenced with annotations. § 2.192 Business to be conducted with decorum and courtesy. EUIPO is the European Union Intellectual Property Office responsible for managing the EU trade mark and the registered Community design. New EU trade mark regulation Changes applying 1 October 2017 On 23 March 2016, Regulation (EU) 2015/2424 of the European Parliament and the Council amending the Community trade mark regulation (the Amending Regulation) entered into force. 1.6.1 Definitions “British Approvals Service for Cables” (or BASEC) means company number 1150237 Revised legislation carried on this site may not be fully up to date. 1 - Interpretation; 3 - General; 16 - Trademark Agents. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. Contact Us. Education Legislation & Regulations With our unique position as advisors to the Church of England Education Office, we have enjoyed the privilege of being able to review, comment and advise upon draft legislation and consider its impact upon educational institutions of all kinds. 10. protected international trade mark has the meaning given by regulation 17A.2. Specimens of trade marks in exceptional cases. Prohibition on the use of a trade mark registered in name of an agent or representative 11. § 2.191 Action of the Office based on the written record. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. 1.6 BASEC CERTIFICATION TRADE MARK REGULATIONS Governing the use of its Certification Trade Marks in respect of Certifiable Goods. The pertinent legislation is the Trade Marks Act 1994 (the “TMA”), the Trade Mark Regulations 2018 (the “Regulations”, which implement the Trade Marks Directive (2015/2436) (the “Directive”)), and the EU Trade Mark Regulation (2017/1001) (the “EUTMR”). No versions before this date are available. 31.Reproduction of trade marks in dictionaries, encyclopaedias etc. Note 4 at the end of this reprint provides a list of the amendments incorporated. These Regulations amend sections 51 and 52 of the Trade Marks Act 1994 (“the Act”) and also amend the Community Trade Mark Regulations 2006 (S.I. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. Record of International Registrations has the meaning given by regulation 17A.2. 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