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STATUTORY INSTRUMENTS
2008 No. 2206
TRADE MARKS
The Trade Marks (International Registration) Order 2008
Made        -      -       -      - 13th August 2008
Laid before Parliament  19th August 2008
Coming into force        -      - 1st October 2008
The Secretary of State, in exercise of the power conferred by section 54 of the Trade Marks Act
1994 (1) and of the power conferred by the Department of Trade and Industry (Fees) Order 1988(2),
makes the following Order:
In accordance with section 8 of the Tribunal and Enquiries Act 1992(3), the Secretary of State has
consulted the Administrative Justice and Tribunals Council before making this Order.
Citation and commencement
1.This Order may be cited as the Trade Marks (International Registration) Order 2008 and shall
come into force on 1st October 2008.
Interpretation
2.In this Order—
“the Act” means the Trade Marks Act 1994 and “section” means a section of that Act;
“Common Regulations” means the regulations adopted under article 10 of the Madrid Protocol
with effect from 1 April 1996 and as amended with effect from 1 April 2002;
“concurrent registered trade mark” means a trade mark as defined in Schedule 4, paragraph 2;
“date of the international registration” means the date of the international registration under
Article 3(4) of the Madrid Protocol;
“international application” means an application by way of the Patent Office as office of origin
to the International Bureau for registration of a trade mark in the International Register;
“International Register” means the register of trade marks maintained by the International
Bureau for the purposes of the Madrid Protocol;
(1)1994 c. 26 .
(2)S.I. 1988/93  as amended by S.I. 1990/1473 , which was made under section 102 of the Finance (No.2) Act 1987 (c.51) .
(3)1992 c.53  the definition of “Council” has been amended by the Tribunals, Courts and Enforcement Act 2007 (c.15) ,
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“international registration” means a registration of a trade mark in the International Register;
“protected international trade mark (UK)” means an international registration which is the
subject of a request for extension and which is protected in accordance with section 38 as
modified by Schedule 2, paragraph 6 and references to “protection” and “protected” shall be
construed accordingly;
“request for extension” means a request for an extension of protection to the United Kingdom
under Article 3 ter (1) or (2) of the Madrid Protocol which has been notified by the International
Bureau;
“the Relative Grounds Order” means the Trade Marks (Relative Grounds) Order 2007(4);
“supplementary register” means the register of international trade marks (UK) required to be
maintained under section 63 as modified by Schedule 2, paragraph 8 ;
“the Trade Marks Rules” means the Trade Marks Rules 2008(5) and “trade marks rule” shall
be construed accordingly.
International trade marks (UK)
3.—(1)  An international registration which is the subject of a request for extension shall be
entitled to protection subject to the provisions of the Act, the Relative Grounds Order and the Trade
Marks Rules as applied by this Order if the particulars of the request for extension were contained
in an application for registration of a trade mark under the Act and such application would satisfy
the requirements of the Act (including any imposed by the Trade Mark Rules).
(2)  Subject to paragraph (3) a protected international trade mark (UK) shall be treated as if it
were a trade mark registered under the Act and the holder shall have the same rights and remedies
but shall be subject to the same conditions as the proprietor of a registered trade mark.
(3)  The provisions of the Act (except those listed in Schedule 1, Part 1), the Relative Grounds
Order and the Trade Marks Rules (except those listed in Schedule 1, Part 2) shall apply to
international trade marks (UK) and requests for extension with the following modifications;
(a)references to a registered trade mark shall include references to a protected international
trade mark (UK);
(b)references to a proprietor of a registered trade mark shall include references to the holder
of a protected international trade mark (UK);
(c)references to an application for registration of a trade mark shall include references to a
request for extension;
(d)references to an applicant for registration shall include references to the holder of an
international registration in respect of which a request for extension has been made;
(e)references to registration of a trade mark shall include the conferring of protection on an
international registration which is the subject of a request for extension;
(f)references to the goods or services for which a trade mark is registered shall include
references to the goods or services in respect of which a protected international trade mark
(UK) confers protection;
(g)references to the publication of the application include references to the publication of the
notice of details of the international registration in the Journal;
(h)references to the register are to the supplementary register;
(i)the modifications set out in Schedule 2; and
(4)S.I. 2007/1976 .
(5)S.I. 2008/1797 .
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(j)such further modifications as the context requires for the purpose of giving effect to those
provisions as applied by this Order.
International applications originating in the United Kingdom
4.The provisions set out in Schedule 3 shall apply in relation to the making of applications for
international registration by way of the Patent Office as office of origin.
Concurrent registrations and transformation applications
5.The provisions set out in Schedule 4 shall apply in relation to—
(a)the effects of international registration where a trade mark is also registered under the Act;
and
(b)the transformation of an application for an international registration, or an international
registration, into an application for registration of a trade mark under the Act.
Miscellaneous and General Provisions
6.The provisions set out in Schedule 5 shall apply.
Fees
7.The fees to be paid in respect of any matters arising under this Order shall be those specified
in Schedule 6.
Revocations and transitional provisions
8.—(1)  The instruments set out in Schedule 7 are revoked (“the previous Orders”).
(2)  Where immediately before this Order comes into force any time period prescribed by the
previous Orders has effect in relation to any act or proceeding and has not expired, the time or period
prescribed by the previous Orders and not by this Order shall apply to that act or proceeding.
(3)  Except as provided by paragraph (4), where a new step is to be taken on or after 1st October
2008 in relation to any proceedings commenced under the previous Orders this Order shall apply
to such proceedings from that date.
(4)  Subject to paragraph (5), where prior to the entry into force of this Order:
(a)A Form TM8 and counter-statement have been filed in
(i)opposition proceedings; or
(ii)proceedings for the revocation of a trade mark on the grounds set out in section 46(1)
(c) or (d); or
(iii)invalidation proceedings; or
(b)an application for revocation of a trade mark on the grounds set out in section 46(1)(a)
or (b) has been filed,
the previous Orders shall apply with regard to the filing of any evidence in relation to those
proceedings.
(5)  Where proceedings as described in paragraph (4) are consolidated with proceedings
commenced on or after 1st October 2008 this Order shall apply with regard to the filing of any
evidence in relation to those consolidated proceedings.
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13th August 2008Bill Rammell
Minister of State, Lifelong Learning, Further and
Higher Education
Department for Innovation Universities and
Skills
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SCHEDULE 1 Article 3(3)
Provisions of the Act and Trade Marks Rules which do not apply
to International Trade Marks (UK) or requests for extension
PART 1
section 24(2)(b) (assignment or other transmission in relation to use of the trade mark in a
particular manner or locality)
section 32(1), (2) and (4) (application for registration)
section 33(1) (date of filing )
section 34 (classification of trade marks)
section 39(2) (withdrawal, restriction or amendment of application)
section 40 (registration)
section 41 (registration: supplementary provisions)
section 42 (duration of registration)
section 43 (renewal of registration)
section 44 (alteration of registered trade mark)
section 45 (surrender of registered trade mark)
section 64(4) (change of name and address by proprietor or licensee)
section 65 (adaptation of entries to new classification)
section 79 (fees)
section 94 (falsification of register)
PART 2
trade marks rule 6 (claim to priority; sections 35 & 36)
trade marks rule 8 (application may relate to more than one class and shall specify the class
(Form TM31C))
trade marks rule 9 (determination of classification)
trade marks rule 12(4)(a) (failure to provide an address for service)
trade marks rule 13 (deficiencies in application; section 32)
trade marks rule 46 (form of register; section 63(1))
trade marks rule 47 (entry in register of particulars of registered trade marks; section 63(2)
(Form TM24))
trade marks rule 56 (request for information; s.67(1) (Form TM31C))
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SCHEDULE 2 Article 3(3)(i)
Modifications to provisions of the Act applied to International Trade Marks (UK)
1.—(1)  Section 25 (registration of transactions affecting registered trade mark) is modified as
follows.
(2)  Omit paragraph (a) of subsection (1) and substitute—
“(a)   a person claiming to be entitled to any security interest (whether fixed or floating)
over a protected international trade mark (UK) or any right in or under it, or”.
(3)  Omit paragraphs (a), (b) and (c) of subsection (2) and substitute—
“(a)   a change to the ownership of a registration recorded by the International Bureau in
the International Register pursuant to article 9 of the Madrid Protocol;
(b)the grant of a licence recorded by the International Bureau in the International Register
pursuant to rule 20 bis of the Common Regulations;”.
(4)  After subsection (2)(e) insert—
“(f)   any matter other than as is referred to in paragraphs (a) and (b) above that is recorded
in the International Register pursuant to article 9 bis of the Madrid Protocol.”.
(5)  In subsection (3) omit “Until an application has been made for registration of the prescribed
particulars of a registrable transaction” and substitute “Until an application for registration of a
matter in the supplementary register pursuant to subsection (1) has been made or an application for
registration of a registrable transaction in the International Register (in accordance with Article 9
bis of the Madrid Protocol and rule 20 bis of the Common Regulations) has been made”.
(6)  In subsection (4)(a) omit “the prescribed particulars of the transaction” and substitute “a
transaction in the International Register (in accordance with Article 9 bis of the Madrid Protocol and
rule 20 bis of the Common Regulations)”.
2.In section 33 (date of filing), for subsection (1), substitute—
“33.—(1)  The date of filing of a request for extension shall be the date of the international
registration except—
(a)where at the time protection is conferred on an international trade mark (UK)
there is a concurrent registered trade mark, the date of filing shall be the date of
filing of the registered trade mark; and
(b)where a request for extension is made in accordance with Article 3 ter(2) of the
Madrid Protocol, the date of filing shall be the date that the request for extension
was recorded in the International Register.”.
3.In section 35 (claim to priority of convention application), for subsection (5), substitute—
“(5)  The manner of claiming priority shall be determined in accordance with the Madrid
Protocol and the Common Regulations.”.
4.In section 37 (examination of application) omit subsections (3) to (5) and substitute—
“(3)  If it appears to the registrar that the requirements for registration are not met, the
registrar shall give notice of provisional refusal to the International Bureau.
(4)  Where the International Bureau notifies the registrar or the registrar considers that
a particular term used to indicate any of the goods or services included in the international
registration is—
(a)too vague for the purposes of classification; or
(b)incomprehensible or linguistically incorrect,
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the registrar may give notice of provisional refusal to the International Bureau in respect
of that term.
(5)  Where a decision of the registrar has been notified to the International Bureau
pursuant to subsection (3) or (4), the registrar shall give the holder of the international
registration an opportunity, within such period as the registrar may specify, to make
representations or amend the request for extension by limiting the goods and services.”.
5.In section 38(2) (publication, opposition proceedings and observations) after “opposition to
the registration” insert “in which event the registrar shall give notice of provisional refusal to the
International Bureau”.
6.After section 38, insert—
“38A. Notices of provisional refusal
(1)  A notice of provisional refusal must set out the matters required by Article 5 of the
Madrid Protocol and Rule 17 of the Common Regulations.
(2)  Except as provided in subsection (3), a notice of provisional refusal may not be given
after the expiry of the relevant period.
(3)  Where before the expiry of the relevant period the registrar has given notice to the
International Bureau—
(a)that the period prescribed for the purposes of section 38(2) expires after the end
of the relevant period; or
(b)that the period prescribed for the purposes of section 38(2) expires less than one
month before the end of the relevant period;
a notice of provisional refusal may be given after the expiry of the relevant period provided
that it is given before the end of the period of one month beginning immediately after the
period prescribed for the purposes of section 38(2).
(4)  Where the registrar sends the International Bureau a notice of provisional refusal, the
registrar must notify the International Bureau as to the final decision (meaning a decision
from which no appeal may be brought) on whether the refusal should be upheld.
(5)  The relevant period is the period of 18 months beginning with the date the
International Bureau sent the registrar the request for extension.
38B. Protection
(1)  Where no notice of provisional refusal is given to the International Bureau following
publication under section 38(1), the international registration which is the subject of the
request for extension shall be protected as a protected international trade mark (UK) with
effect from the first day immediately following the end of the period prescribed for the
purposes of section 38(2).
(2)  Where notice of provisional refusal is given following publication under
section 38(1), the international registration which is the subject of the request for extension
shall be protected as a protected international trade mark (UK) with effect from the date
on which the registrar notifies the International Bureau that the final decision is that the
provisional refusal should not be upheld in accordance with section 38A(4).
(3)  The reference to the completion of the registration procedure in section 46(1) shall
be construed as a reference to the conferring of protection on an international registration
in accordance with this section.
(4)  When an international registration becomes protected as a protected international
trade mark (UK), the registrar shall—
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(a)notify the International Bureau that the international registration is protected in
the United Kingdom; and
(b)publish a notice specifying the number of the international registration in respect
of that trade mark, the date on which protection is conferred and the date and
place of publication of the request for extension under section 38(1) in relation
to that trade mark.”.
7.In section 39 (Withdrawal, restriction or amendment of application) for subsection (1)
substitute—
“(1)  The goods and services covered by a request for extension may be restricted at
any time by the applicant provided that if the request for extension has been published, the
restriction must also be published in the Journal and recorded in the supplementary register.
8.—(1)  Section 63 (the register) shall be modified as follows.
(2)  For subsection (1) substitute—
“(1)  The registrar shall maintain a register for the purpose of entering transactions under
section 25(1) (as modified by paragraph 1 of Schedule 2 to the Trade Marks International
Registration) Order 2008) and disclaimers and limitations relating to international trade
marks (UK).”.
(3)  In subsection (3) for the words “shall be kept in such manner as may be prescribed” substitute
“need not be kept in documentary form”.
(4)  After subsection (3) insert—
“(4)  Following notification from the International Bureau under rule 28(2) of the
Common Regulations the registrar may correct an error or omission in the information
entered in the register required to be maintained under subsection (1).”.
9.In section 67(2)(a) (Information about applications and registered trade marks) before “in such
cases” insert “any information recorded in the International Register or”.
SCHEDULE 3 Article 4
International applications originating in the United Kingdom
Application for international registration at the Patent Office
1.—(1)  An applicant for the registration of a trade mark, or the proprietor of a registered trade
mark, may, subject to the provisions of this paragraph, apply by way of the Patent Office as office
of origin for the international registration of the trade mark.
(2)  For the purposes of this paragraph an applicant shall be—
(a)a British citizen, a British overseas territories citizen, a British overseas citizen, a British
subject or a British protected person;
(b)an individual domiciled in the United Kingdom;
(c)a body incorporated under the law of a part of the United Kingdom; or
(d)a person who has a real and effective industrial or commercial establishment in the United
Kingdom.
(3)  Where the registrar has reasonable doubts about whether an applicant is eligible, the registrar
—
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(a)must inform the applicant of the reason for those doubts; and
(b)may require that applicant to file evidence in support of his eligibility.
(4)  Where—
(a)the registrar has no doubts or is satisfied as to the applicant’s eligibility; and
(b)the particulars appearing in the application for an international registration correspond
with the particulars at that time in the basic application or, as the case may be, the basic
registration,
the registrar must submit the application to the International Bureau.
(5)  In this Schedule—
(a)“basic application” means an application for registration of a trade mark in the United
Kingdom in respect of which application is made for international registration;
(b)“basic registration” means a trade mark registered in the United Kingdom in respect of
which application is made for international registration.
Termination of basic application or basic registration
2.—(1)  This paragraph applies where the registrar submits an application to the International
Bureau in accordance with paragraph 1 and the basic application or basic registration is terminated.
(2)  Where, before the end of the relevant period, a basic application or basic registration
is terminated, the registrar shall request that the International Bureau cancel the International
Registration.
(3)  A basic application is terminated where it is—
(a)not accepted;
(b)refused; or
(c)withdrawn (including deemed as such).
(4)  A basic registration is terminated where the rights in the registered trade mark cease to have
effect.
(5)  Where a basic application or basic registration is terminated in respect of some only of the
goods or services for which the trade mark is registered (or is sought to be registered), the request
must relate only to those goods and services.
(6)  The relevant period is the period of 5 years beginning with the date of the international
registration.
(7)  But if during that period the registrar becomes aware of proceedings which may result in the
termination of the basic application or basic registration, the registrar must notify the International
Bureau accordingly, stating that no final decision has been made.
(8)  On completion of the proceedings referred to in paragraph (7) the registrar must promptly
notify the International Bureau of their outcome.
Division or merger of basic application or basic registration
3.—(1)  This paragraph applies where the registrar submits an application to the International
Bureau in accordance with paragraph 1 and—
(a)the basic application is divided into two or more applications; or
(b)two or more basic applications or basic registrations are merged into a single application
or registration.
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(2)  Where, before the end of the relevant period, a basic application is divided or two or more
basic applications or basic registrations are merged, the registrar shall notify the International Bureau
and shall indicate—
(a)the number of the international registration or, where the mark has not been registered, the
number of the basic application;
(b)the name of the applicant or the holder of the relevant trade mark; and
(c)the number of each application resulting from the division or the number of the application
or registration resulting from the merger.
(3)  The relevant period is the period of 5 years beginning with the date of the international
registration.
SCHEDULE 4 Article 5
Transformation applications and concurrent registrations
Transformation applications
1.—(1)  A transformation application is an application to register a trade mark under the Act
where—
(a)the mark was the subject of an international registration and the international registration
was the subject of a request for extension; and
(b)the international registration was cancelled at the request of the Office of origin under
Article 6(4) of the Madrid Protocol.
(2)  But an application shall only be treated as a transformation application where the goods and
services cited in it are identical to some or all of the goods and services included in the international
registration.
(3)  Any application made under the Act which is a transformation application shall state that it
is made by way of transformation.
(4)  Such an application may only be made before the end of the period of three months beginning
with the date on which the international registration was cancelled.
(5)  A transformation application may only be made by the person who was the holder of the
international registration immediately before it was cancelled.
(6)  Where on or before the date the transformation application was made, the trade mark is
protected as an international trade mark (UK), the mark shall be registered under the Act; and it shall
have the date of filing of the cancelled international trade mark (UK).
(7)  Where on that date the trade mark is not so protected, the transformation application shall be
treated as an application to register under the Act and it shall have the date of filing of the request
for extension relating to that mark.
(8)  Where in relation to the international registration a right of priority was claimed on the basis
of a Convention application, the transformation application shall have the same right of priority.
Concurrent registrations
2.—(1)  This paragraph applies where at the time protection is conferred on an international trade
mark (UK) there is a concurrent registered trade mark.
(2)  A registration is concurrent where—
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(a)the proprietor of the registered trade mark is the holder of the protected international trade
mark (UK);
(b)the registered trade mark is the same as the protected international trade mark (UK);
(c)the goods and services in relation to which protection is conferred by the international
trade mark (UK) include all those for which the registered trade mark is registered.
(3)  The protected international trade mark (UK) shall be treated as being registered under the
Act as of the date of registration of the registered trade mark.
(4)  The priorities claimed in respect of the registered trade mark may also be claimed in respect
of the international trade mark (UK).
(5)  The provisions of this paragraph shall continue to apply after the registered trade mark lapses
or is surrendered, but shall cease to apply if or to the extent that it is revoked or declared invalid.
(6)  On the application of the holder of the protected international trade mark (UK) the registrar
shall note the international registration in the register against the registered trade mark.
(7)  For the purposes of paragraph (6), the holder of the international trade mark (UK) shall make
an application to the registrar using Form TM28.
SCHEDULE 5 Article 6
Miscellaneous and General Provisions
Correction of international registration
1.—(1)  Where the International Bureau notifies the registrar that it has corrected an international
registration and the correction either—
(a)substantially affects the identity of the trade mark; or
(b)alters the goods or services covered by the international registration,
the registrar may treat the notification as a new request for extension.
(2)  Where paragraph (1)(a) applies, any earlier request for protection shall be deemed to have
been withdrawn and any resulting protection granted to the international trade mark (UK) shall be
treated as having been declared invalid.
(3)  Where paragraph (1)(b) applies and—
(a)the correction extends the goods and services covered by the request for extension, the
new request for extension shall apply only to the additional goods and services; or
(b)the correction restricts the goods and services covered by the international registration,
to the extent it relates to goods and service outside the restriction, an earlier request for
protection shall be treated as having been withdrawn, and any resulting protection granted
to the international trade mark (UK) shall be treated as having been declared invalid.
Assignment
2.—(1)  A protected international trade mark (UK) may only be assigned to an eligible person.
(2)  An eligible person is—
(a)a national of any country which is a party to the Madrid Protocol;
(b)an individual domiciled in such a country;
(c)a body incorporated under the law of such a country; and
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(d)a person who has a real and effective industrial or commercial establishment in such a
country.
Judicial notice
3.—(1)  Judicial notice shall be taken of the following—
(a)the Madrid Protocol and the Common Regulations;
(b)copies issued by the International Bureau of entries in the International Register;
(c)copies of the periodical gazette published by the International Bureau in accordance with
rule 32 of the Common Regulations.
(2)  Any document mentioned in paragraph (1)(b) or (c) shall be admissible as evidence of any
instrument or other act of the International Bureau so communicated.
(3)  Where in relation to the international registration a right of priority was claimed on the basis
of a Convention application, the transformation application shall have the same right of priority.
Revocation
4.Where the protection of a protected international trade mark (UK) is revoked or declared
invalid to any extent, the registrar shall notify the International Bureau, and—
(a)in the case of a revocation, the rights of the proprietor shall be deemed to have ceased to
exist to that extent as from—
(i)the date of the application for revocation, or
(ii)if the registrar or court is satisfied that the grounds for revocation existed at an earlier
date, that date;
(b)in the case of a declaration of invalidity, the trade mark shall to that extent be deemed
never to have been a protected international trade mark (UK).
Requests for Information
5.A request for information relating to a protected international trade mark (UK) must be made
on Form TM31M.
Communication of information to the International Bureau
6.Notwithstanding any other enactment or rule of law, the registrar may communicate to the
International Bureau any information which the United Kingdom is required to communicate by
virtue of this Order or pursuant to the Madrid Protocol or Common Regulations.
Transmission of fees to the International Bureau
7.The registrar may accept for transmission to the International Bureau fees payable to the
International Bureau in respect of an application for international registration originating in the
United Kingdom or a renewal of such an international registration, subject to such terms and
conditions as the registrar may specify, either generally by published notice, or in any particular case
by written notice to the applicant desiring to make payment by such means.
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SCHEDULE 6 Article 7
Fees
Matter in respect of which fee payable Amount
Notice of opposition to the conferring of protection on an international registration
(trade marks rule 17)£200
Request for the revocation of a protected international trade mark (UK) (on grounds
other than non-use) (trade marks rule 39)£200
Request for the revocation of a protected international trade mark (UK) (on grounds
of non-use) (trade marks rule 38)£200
Request for the invalidation of a protected international trade mark (UK) (trade
marks rule 41)£200
Submission fee for an international application (Schedule 3, paragraph 1) £40
Handling fee for the transmission by the Patent Office of fees payable to the
International Bureau for renewal of an international registration (Schedule 5,
paragraph 7)£20
Request to the Registrar for a statement of reasons for his decision (trade mark rule
69(2))£20
Request for an extension of time (trade marks rule 77(2)) £50
Request for information in relation to an international mark (UK) £50
Filing of regulations governing the use of a certification or collective mark (trade
mark rules 29)£200
Request to amend regulations governing the use of a certification or collective mark
(trade mark rules 30)£100
Notice of opposition to the amendment of regulations relating to a certification or
collective mark (trademark rules 30(4))£200
SCHEDULE 7 Article 8
Revocations
Title and number
The Trade Marks (International Registration) Order 1996 (SI 1996/714 )
Trade Marks (International Registration) (Amendment) Order 2000 (SI 2000/138 )
Trade Marks (International Registration) (Amendment) Order 2002 (SI 2002/692 )
Trade Marks (International Registration) (Amendment) Order 2004 (SI 2004/948 )
Trade Marks (International Registration) (Amendment) Order 2006 (SI 2006/763 )
Trade Marks (International Registration) (Amendment No 2) Order 2006 (SI 2006/1080 )
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EXPLANATORY NOTE
(This note is not part of the Order)
This Order modernises and replaces The Trade Marks (International Registration) Order 1996
(SI 1996 No 714  as amended) (“the Order”). The Order is made under powers conferred by
section 54 of the Trade Mark Act 1994 “TMA”) and gives effect in the UK to the provisions of the
Madrid Protocol, which is the system by which trade marks can be registered internationally and
subsequently protected in the holder’s choice of designated states or territories.
The Order has been amended five times since it came into force, normally in the wake of changes
to domestic trade mark rules. Recent changes to the domestic rules have resulted in a new statutory
instrument ( SI 2008 No 1797 , The Trade Marks Rules 2008, the “rules”) which come into force on
1st October 2008.
Substantive changes introduced by those rules need also (to the extent that they are applicable) to
be applied to international marks (UK) through the mechanism of this new Order.
Furthermore, this Order recasts the old Order to make it as comprehensive an instrument as possible
avoiding some of the vaguer provisions used in the earlier Order. Thus, specific provisions of the
TMA and rules are applied, disapplied or modified in the light of Madrid Protocol provisions.
Specific provision for fees is now made in this Order and the layout has been made more convenient.
In other respects however the status quo of the existing Order is preserved and the only substantive
changes are those that derive from changes to the rules. Like its predecessor, this Order must be
interpreted in a way which is entirely consistent with the Madrid Protocol and regulations that attach
thereto. The Fees payable in relation to international registration are now incorporated within this
Order.
As the Order contains no changes of substance other than in relation to the application of the Trade
Marks Rules 2008 no separate impact assessment has been prepared in respect of it. A full impact
assessment has been prepared in relation to the Trade Marks Rules and is available from the UK
Intellectual Property Office, Trade Marks Law Section, Concept House, Cardiff Road, Newport
NP10 8QQ. Copies of this impact assessment are annexed to the Explanatory Memorandum relating
to the rules which is available on the OPSI website and copies of it have been placed in the libraries
of both Houses of Parliament.
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