Schedule 2B, Part 4, paragraph 33(1)

This paragraph applies where— a person who has filed a transformation application in respect of a cancelled international registration, or a successor in title of that person, applies for registration under this Act of a trade mark which is the same as the trade mark which was the subject of the cancelled international registration and in respect of some or all of the same goods or services included in the international registration; the application for registration under this Act is made within the period beginning with IP completion day and ending with the end of the relevant period; and on or before the date of the transformation application on which the application for registration under this Act is based the trade mark that was the subject of the cancelled international registration— was protected in the European Union in accordance with Article 189(2) of the European Union Trade Mark Regulation; or was the subject of an existing ITM application or an existing request for EU extension which, as at that date, had neither been granted nor refused by the European Union Intellectual Property Office (the references to “granted” and “refused” having the same meaning as given by paragraph 27(4)).

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