Schedule 2A, Part 1, paragraph 21A(4)

The registration of a comparable trade mark (EU) must not be revoked or declared invalid under sub-paragraph (2) where the grounds on which the existing EUTM was revoked or declared invalid (whether wholly or partially) would not apply or would not have been satisfied in relation to the comparable trade mark (EU)— if the comparable trade mark (EU) had existed as at the date the cancellation proceedings were instituted, and an application for the revocation or a declaration of invalidity of the comparable trade mark (EU) based on those grounds had been made on that date under section 46 or 47 (as the case may be).

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