Schedule 2A, Part 1, paragraph 12

This paragraph applies where— the proprietor of an existing EUTM has claimed a right of priority in accordance with Article 35; and immediately before IP completion day there is an entry in the EUTM Register containing particulars of that claim of priority (a “claim of priority”). The proprietor of the comparable trade mark (EU) which derives from the existing EUTM is to be treated on and after IP completion day as having the same claim of priority. Accordingly, the relevant date for the purposes of establishing, in relation to the comparable trade mark (EU), which rights take precedence is the date of filing of the application for a trade mark in a Convention country which formed the basis for the claim of priority.

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Source: legislation.gov.uk · retrieved 2026-09-04