IP/N/1/GBR/20, IP/N/1/GBR/T/14

United Kingdom

The Trade Marks (Proof of Use, etc.) Regulations 2004

The Regulations amend the Trade Marks Act 1994. A new section 6A is inserted. This requires an opponent who bases his opposition to the registration of a trade mark on certain earlier trade marks to show use of those marks. Consequential amendments made to section 40. New sub-sections inserted in section 47 (invalidity). These require an applicant who bases his application for a declaration of invalidity on certain earlier trade marks to also show use of those marks. Further amendments reflect the decision of the European Court of Justice in Davidoff & Cie SA and Zino Davidoff SA v Gofkid Ltd, i.e. the proprietor of a trade mark has the right to prevent third parties from using an identical or similar trade mark in relation to goods or services which are similar or identical to those for which the earlier trade mark is registered where the earlier trade mark has a reputation and the use of that sign takes unfair advantage or is detrimental to the distinctive character of that earlier trade mark.

http://www.legislation.gov.uk/uksi/2004/946/contents/made

http://www.legislation.gov.uk/uksi/2004/946/contents/made - Amends/replaces: The Trade Marks Act 1994

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https://ip-documents.info/2020/IP/GBR/20_5579_00_e.pdf