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UK. This is intended to be dealt with in the same way as an application filed directly with the Patent Office. The procedures set out in the Act will be followed, except that the mark will not be entered on the register in this country but on the international register. The order must also deal with the effect of a successful request for protection of an international registration to the UK. By Article 4 of the protocol, the protection of a mark in a designated country must be the same as if it had been registered by the national intellectual property office. So an international registration confers the same rights on the owner as a trademark registered under the 1994 Act. International applications must be capable of being transformed into national ones. Designed to mitigate the effects of central attack, Article 9 quinquies of the protocol requires this. An international registration which has been cancelled under the central attack provisions within its first five years may be transformed into a series of national applications in the countries which the international application originally designated. These applications are dealt with as though they had been filed in the relevant countries on the date of the original international application. The Registrar will be permitted under the regulations to be made under this power to treat a request for transformation (which will be passed to him by the International Bureau) as if it were a national application under the Act. The filing date to be accorded to the national application will be that of the original international application. It will thereafter be subject to the same requirements (including fees) and procedures as an application filed in the usual way. Fees payable for matters connected with international applications are to be covered in the regulation. Article 8 of the protocol allows Contracting States to require applicants to pay fees the same as those payable by a national applicant, less a sum which reflects the cost savings resulting from the international procedure. In particular, the regulations may require an application fee, a registration fee and a renewal fee. These will be received from the proprietor by the International Bureau, which will forward them to the national office. The rules will apply certain provisions of the Act to international trademarks (UK). These are: (a) groundless threats; (b) seizure by Customs and Excise; (c) counterfeiting. The rule-making powers given under the Act are general, however, so it may well be that other provisions of the Act will be applied to international trademarks.
DOI link for UK. This is intended to be dealt with in the same way as an application filed directly with the Patent Office. The procedures set out in the Act will be followed, except that the mark will not be entered on the register in this country but on the international register. The order must also deal with the effect of a successful request for protection of an international registration to the UK. By Article 4 of the protocol, the protection of a mark in a designated country must be the same as if it had been registered by the national intellectual property office. So an international registration confers the same rights on the owner as a trademark registered under the 1994 Act. International applications must be capable of being transformed into national ones. Designed to mitigate the effects of central attack, Article 9 quinquies of the protocol requires this. An international registration which has been cancelled under the central attack provisions within its first five years may be transformed into a series of national applications in the countries which the international application originally designated. These applications are dealt with as though they had been filed in the relevant countries on the date of the original international application. The Registrar will be permitted under the regulations to be made under this power to treat a request for transformation (which will be passed to him by the International Bureau) as if it were a national application under the Act. The filing date to be accorded to the national application will be that of the original international application. It will thereafter be subject to the same requirements (including fees) and procedures as an application filed in the usual way. Fees payable for matters connected with international applications are to be covered in the regulation. Article 8 of the protocol allows Contracting States to require applicants to pay fees the same as those payable by a national applicant, less a sum which reflects the cost savings resulting from the international procedure. In particular, the regulations may require an application fee, a registration fee and a renewal fee. These will be received from the proprietor by the International Bureau, which will forward them to the national office. The rules will apply certain provisions of the Act to international trademarks (UK). These are: (a) groundless threats; (b) seizure by Customs and Excise; (c) counterfeiting. The rule-making powers given under the Act are general, however, so it may well be that other provisions of the Act will be applied to international trademarks.
UK. This is intended to be dealt with in the same way as an application filed directly with the Patent Office. The procedures set out in the Act will be followed, except that the mark will not be entered on the register in this country but on the international register. The order must also deal with the effect of a successful request for protection of an international registration to the UK. By Article 4 of the protocol, the protection of a mark in a designated country must be the same as if it had been registered by the national intellectual property office. So an international registration confers the same rights on the owner as a trademark registered under the 1994 Act. International applications must be capable of being transformed into national ones. Designed to mitigate the effects of central attack, Article 9 quinquies of the protocol requires this. An international registration which has been cancelled under the central attack provisions within its first five years may be transformed into a series of national applications in the countries which the international application originally designated. These applications are dealt with as though they had been filed in the relevant countries on the date of the original international application. The Registrar will be permitted under the regulations to be made under this power to treat a request for transformation (which will be passed to him by the International Bureau) as if it were a national application under the Act. The filing date to be accorded to the national application will be that of the original international application. It will thereafter be subject to the same requirements (including fees) and procedures as an application filed in the usual way. Fees payable for matters connected with international applications are to be covered in the regulation. Article 8 of the protocol allows Contracting States to require applicants to pay fees the same as those payable by a national applicant, less a sum which reflects the cost savings resulting from the international procedure. In particular, the regulations may require an application fee, a registration fee and a renewal fee. These will be received from the proprietor by the International Bureau, which will forward them to the national office. The rules will apply certain provisions of the Act to international trademarks (UK). These are: (a) groundless threats; (b) seizure by Customs and Excise; (c) counterfeiting. The rule-making powers given under the Act are general, however, so it may well be that other provisions of the Act will be applied to international trademarks.
ABSTRACT