The Trade Marks (International Registration) (Amendment) Order 2024 No. 1077


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Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2024 No. 1077

TRADE MARKS

The Trade Marks (International Registration) (Amendment) Order 2024

Made

28th October 2024

Laid before Parliament

31st October 2024

Coming into force

21st November 2024

The Secretary of State makes this Order in exercise of the power conferred by section 54 of the Trade Marks Act 1994( 1).

Citation, commencement and extent

1.—(1) This Order may be cited as the Trade Marks (International Registration) (Amendment) Order 2024.

(2) This Order comes into force on 21st November 2024.

(3) This Order extends to England and Wales, Scotland, Northern Ireland and the Isle of Man( 2).

Amendment of the Trade Marks (International Registration) Order 2008: concurrent registrations

2.—(1) The Trade Marks (International Registration) Order 2008( 3) is amended as follows.

(2) In Schedule 4, in paragraph 2(2)(c) (concurrent registrations), for “all” substitute “some or all of”.

Peter Kyle

Secretary of State for Science, Innovation and Technology

Department for Science, Innovation and Technology

28th October 2024

Explanatory Note

(This note is not part of the Order)

This Order amends the Trade Marks (International Registration) Order 2008 ( S.I. 2008/2206), in order to implement an amendment of the Regulations under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (https://www.wipo.int/wipolex/en/treaties/textdetails/19818).

The amendment made by article 2 enables a registration to be concurrent where the goods and services in relation to which protection is conferred by the protected international trade mark (UK) include only some of those for which the trademark is registered.

A de minimus impact assessment of the effect that this instrument will have is available from the Intellectual Property Office, Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ.

A copy of this instrument and the Explanatory Memorandum are available from the Intellectual Property Office, Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ. The Explanatory Memorandum is also available alongside this instrument on the Legislation UK website atwww.legislation.gov.uk.

( 1)

1994 c. 26; section 54 was amended by the Intellectual Property (Unjustified Threats) Act 2017 (c. 14), section 2(1) and (4).

( 2)

Section 54 of the Trade Marks Act 1994 (c. 26)extends to the Isle of Man pursuant to section 108(2) of that Act subject to such exceptions and modifications as are specified in an Order in Council. The relevant Order in Council; S.I. 2013/2601, does not contain any exceptions or modifications relevant to the provision made in this Order.

( 3)

S.I. 2008/2206, to which there are amendments not relevant to this Order.


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