interests are adversely affected by the claim of the CTM to the UK mark’s seniority must be able to contest the UK registration. Where the UK mark is still registered, this is not difficult. But where the UK mark has been relinquished voluntarily, the registry will have to establish whether it could have been revoked or invalidated if it were still on the register. This is the situation to which the regulations to be made under s 52(2)(b) is directed. Third, there have to be provisions concerning the conversion of a CTM or an application for one into a national application. This is because the CTMR provides for the applicant for, or owner of, a CTM to request that the application or registration be converted if it is refused or withdrawn, or ceases to have effect (wholly or partially). This situation is likely to arise where a CTM application conflicts with an earlier trademark registered in one or more Member States. The CTMR provides then that the applicant can request that the application be converted into national applications in Member States where there is no conflict. The request has to be filed with the CTMO, which passes it on to the national intellectual property offices of the Member States concerned. A national application arising in this way is treated no differently from an application filed in the normal way at the national registry at the date of filing of the original CTM application. Fourth, the regulation requires that the Member States designate courts to be Community trademark courts. Proceedings for infringement will be able to be brought in one such court: its decision will have Community-wide effect. The regulation sets out the rules for determining which Member State’s courts have jurisdiction: this depends on the domicile or place of business of the defendant or plaintiff, or on where the infringement has taken place. If the latter route is chosen, however, the judgment will have effect only in that Member State. The government proposes to designate those courts which presently have jurisdiction to hear trademark infringement cases: the High Court in England and Wales and in Northern Ireland and the Court of Session in Scotland. Fifth, certain provisions of the Act will be applied to Community trademarks too, and these require statutory instruments. They are: -Groundless threats; -Seizure by Customs and Excise of infringing matter; -Fraudulent use of a trademark. All instruments which may be made under these powers will be subject to the negative resolution procedure.

DOI link for interests are adversely affected by the claim of the CTM to the UK mark’s seniority must be able to contest the UK registration. Where the UK mark is still registered, this is not difficult. But where the UK mark has been relinquished voluntarily, the registry will have to establish whether it could have been revoked or invalidated if it were still on the register. This is the situation to which the regulations to be made under s 52(2)(b) is directed. Third, there have to be provisions concerning the conversion of a CTM or an application for one into a national application. This is because the CTMR provides for the applicant for, or owner of, a CTM to request that the application or registration be converted if it is refused or withdrawn, or ceases to have effect (wholly or partially). This situation is likely to arise where a CTM application conflicts with an earlier trademark registered in one or more Member States. The CTMR provides then that the applicant can request that the application be converted into national applications in Member States where there is no conflict. The request has to be filed with the CTMO, which passes it on to the national intellectual property offices of the Member States concerned. A national application arising in this way is treated no differently from an application filed in the normal way at the national registry at the date of filing of the original CTM application. Fourth, the regulation requires that the Member States designate courts to be Community trademark courts. Proceedings for infringement will be able to be brought in one such court: its decision will have Community-wide effect. The regulation sets out the rules for determining which Member State’s courts have jurisdiction: this depends on the domicile or place of business of the defendant or plaintiff, or on where the infringement has taken place. If the latter route is chosen, however, the judgment will have effect only in that Member State. The government proposes to designate those courts which presently have jurisdiction to hear trademark infringement cases: the High Court in England and Wales and in Northern Ireland and the Court of Session in Scotland. Fifth, certain provisions of the Act will be applied to Community trademarks too, and these require statutory instruments. They are: -Groundless threats; -Seizure by Customs and Excise of infringing matter; -Fraudulent use of a trademark. All instruments which may be made under these powers will be subject to the negative resolution procedure.

interests are adversely affected by the claim of the CTM to the UK mark’s seniority must be able to contest the UK registration. Where the UK mark is still registered, this is not difficult. But where the UK mark has been relinquished voluntarily, the registry will have to establish whether it could have been revoked or invalidated if it were still on the register. This is the situation to which the regulations to be made under s 52(2)(b) is directed. Third, there have to be provisions concerning the conversion of a CTM or an application for one into a national application. This is because the CTMR provides for the applicant for, or owner of, a CTM to request that the application or registration be converted if it is refused or withdrawn, or ceases to have effect (wholly or partially). This situation is likely to arise where a CTM application conflicts with an earlier trademark registered in one or more Member States. The CTMR provides then that the applicant can request that the application be converted into national applications in Member States where there is no conflict. The request has to be filed with the CTMO, which passes it on to the national intellectual property offices of the Member States concerned. A national application arising in this way is treated no differently from an application filed in the normal way at the national registry at the date of filing of the original CTM application. Fourth, the regulation requires that the Member States designate courts to be Community trademark courts. Proceedings for infringement will be able to be brought in one such court: its decision will have Community-wide effect. The regulation sets out the rules for determining which Member State’s courts have jurisdiction: this depends on the domicile or place of business of the defendant or plaintiff, or on where the infringement has taken place. If the latter route is chosen, however, the judgment will have effect only in that Member State. The government proposes to designate those courts which presently have jurisdiction to hear trademark infringement cases: the High Court in England and Wales and in Northern Ireland and the Court of Session in Scotland. Fifth, certain provisions of the Act will be applied to Community trademarks too, and these require statutory instruments. They are: -Groundless threats; -Seizure by Customs and Excise of infringing matter; -Fraudulent use of a trademark. All instruments which may be made under these powers will be subject to the negative resolution procedure.