The Trade Marks (Amendment) Rules 2008

Made: 28th August 2008

Laid before Parliament: 1st September 2008

Coming into force: 1st October 2008

The Secretary of State makes the following rules in exercise of the powers conferred by section 78 of the Trade Marks Act 1994¹.

Citation and Commencement

1

These Rules may be cited as the Trade Marks (Amendment) Rules 2008 and shall come into force on 1st October 2008.

Amendment of the Trade Marks Rules 2008

2

In Rule 40, paragraph (1) of the Trade Marks Rules 2008² delete “applicant” and substitute “proprietor”.

Signed

Baroness Delyth Morgan of Drefelin — Parliamentary Under Secretary of State for Intellectual Property and Quality — Department for Innovation, Universities and Skills — 28th August 2008

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules correct an error in the Trade Marks Rules 2008 (SI 2008/1797). In Rule 40(1) reference is made to the “applicant” having filed a Form TM8 whereas (as is clear from rule 39(3)) it is for the proprietor of the trade mark to file a Form TM8 if the proprietor wishes to contest the application for revocation. These Rules correct this error by deleting the reference to the “applicant” and substituting a reference to the “proprietor”.

A full impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.

An Explanatory Memorandum is available alongside the instrument on the OPSI Website.

Footnotes