(1)The Secretary of State may by order provide that in any case a trade mark shall not be refused registration on a ground mentioned in section 5 (relative grounds for refusal) unless objection on that ground is raised in opposition proceedings by the proprietor of the earlier trade mark or other earlier right.
(2)The order may make such consequential provision as appears to the Secretary of State appropriate—
(a)with respect to the carrying out by the registrar of searches of earlier trade marks, and
(b)as to the persons by whom an application for a declaration of invalidity may be made on the grounds specified in section 47(2) (relative grounds).
(3)An order making such provision as is mentioned in subsection (2)(a) may direct that so much of section 37 (examination of application) as requires a search to be carried out shall cease to have effect.
(4)An order making such provision as is mentioned in subsection (2)(b) may provide that so much of section 47(3) as provides that any person may make an application for a declaration of invalidity shall have effect subject to the provisions of the order.
(5)An order under this section shall be made by statutory instrument, and no order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
No such draft of an order making such provision as is mentioned in subsection (1) shall be laid before Parliament until after the end of the period of ten years beginning with the day on which applications for Community trade marks may first be filed in pursuance of [F1Council Regulation (EC) No 40/94 of 20th December 1993 on the Community trade mark].
(6)An order under this section may contain such transitional provisions as appear to the Secretary of State to be appropriate.
Textual Amendments
F1Words in s. 8(5) substituted (6.4.2016) by The European Union Trade Mark Regulations 2016 (S.I. 2016/299), reg. 1(1), Sch. para. 2 (with reg. 13)