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

An opt out notice may not be served where on or after IP completion day— the comparable trade mark (EU) has been put to use in the United Kingdom by the proprietor or with the proprietor's consent (which use includes affixing the trade mark to goods or to the packaging of goods in the United Kingdom solely for export purposes); the comparable trade mark (EU) (or any right in or under it) has been made the subject of an assignment, licence, security interest or any other agreement or document except for an assent by personal representatives in relation to the comparable trade mark (EU); or proceedings based on the comparable trade mark (EU) have been initiated by the proprietor or with the proprietor's consent.

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