Trade Marks Act · 2022 Revised Edition · Part 1
9. Meaning of “earlier trade mark”
Official textFrom Attorney General's Chambers, unchanged
In this Act, “earlier trade mark” means —
earlier trade mark
“earlier trade mark” has the same meaning as in section 9(1);
a registered trade mark which has a date of application for registration earlier than that of the trade mark in question, taking account (where appropriate) of the priorities claimed in respect of the trade marks; or
Trade Marks 20
a trade mark which, at the date of application for registration of the trade mark in question or (where appropriate) of the priority claimed in respect of the application, was entitled to protection under the Paris
Convention as a well-known trade mark.
References in this Act to an earlier trade mark include a trade mark in respect of which an application for registration has been made and which, if registered, would be an earlier trade mark by virtue of subsection (1)(a), subject to its being so registered.
A trade mark within subsection (1)(a) whose registration expires shall continue to be taken into account in determining the registrability of a later mark for a period of one year after the expiry, unless the Registrar is satisfied that there was no bona fide use of the mark during the 2 years immediately preceding the expiry.
registration
“registration” means, unless the context otherwise requires, registration in the register;
Terms defined in s 2
earlier trade mark
Defined · s 2“earlier trade mark” has the same meaning as in section 9(1);
Paris Convention
Defined · s 2“Paris Convention” means the Paris Convention for the Protection of Industrial Property of 20th March 1883, as revised or amended;
Registrar
Defined · s 2“Registrar” means the Registrar of Trade Marks appointed under section 3;
registration
Defined · s 2“registration” means, unless the context otherwise requires, registration in the register;
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