The Trade Mark Regulations 2018 - Citation, commencement and interoretation

Jane Lambert

As I pointed out in The New Trade Marks Law 12 Jan 2019 trade mark law in the UK and throughout the EU is changing today.  Directive 2015/2436  repeals Directive 2008/95/EC  with effect from 15 Jan 2019 and requires member states to transpose its most important provisions with effect from today.  Directive 2015/2436 is implemented by the Trade Marks Regulations 2018 (SI 2018 No 825) which came into force today,   I introduced those regulations and outlined their structure in my previous article.  As promised in that article I shall discuss its provisions in more detail in this and subsequent articles in this blog.

The regulations are divided into 5 Parts the first of which concerns "Citation, commencement and interpretation.  Reg 1 provides:

 "(1) These Regulations may be cited as the Trade Marks Regulations 2018 and come into force on 14th January 2019.
(2) In these Regulations—
“the 1994 Act” means the Trade Marks Act 1994;“the CTM Regulations” means the Community Trade Mark Regulations 2006;
“the International Registration Order” means the Trade Marks (International Registration) Order 2008;
“the Rules” means the Trade Marks Rules 2008."

Part 2 of the Regulations, amends the 1994 Act. Part 3 the Rules and Part 4 The Community Trade Mark Regulations 2006 as amended by The Community Trade Mark (Amendment) Regulations 2008, The Treaty of Lisbon (Changes in Terminology) Order 2011, The European Trade Mark Regulations 2016 and the Intellectual Property Unjustified Threats Act 2017 and The Trade Marks (International Registration) Order 2008.

Anyone wishing to discuss this article or the Trade Marks Regulations 2018 generally should call me on 020 7404 5252 during office hours or send me a message through my contact form.