COMMUNITY TRADE MARK REGULATIONS 2014

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1 Community Trade Mark Regulations 2014 Regulation 1 Statutory Doument No. 2014/0090 European Communities (Isle of Man) At 1973 COMMUNITY TRADE MARK REGULATIONS 2014 Laid before Tynwald: 20 May 2014 Coming into Operation: 1 June 2014 The Counil of Ministers makes the following Regulations under setion 2B of the European Communities (Isle of Man) At Title These Regulations are the Community Trade Mark Regulations Commenement These Regulations ome into operation on 1 June Interpretation (1) In these Regulations the At means the Trade Marks At 1994 (an At of Parliament) 1, as it has effet in the Island 2 ; international appliation means an appliation to the International Bureau for registration of a trade mark in the International Register; international appliation designating the European Community means an international appliation in whih a request has been made for extension of protetion to the European Community under Artile 3ter (1) of the Madrid Protool; International Register means the register of trade marks maintained by the International Bureau for the purposes of the Madrid Protool; international registration means the registration of a trade mark in the International Register; international registration designating the European Community means an international registration in relation to whih a request has been made This At was modified in its appliation to the Island by the Trade Marks (Isle of Man) Order 2013 (SI 2013/2601) V01 Page 1

2 Regulation 4 Community Trade Mark Regulations 2014 (either in the relevant international appliation or subsequently) for extension of protetion to the European Community under Artile 3ter (1) or (2) of the Madrid Protool; the Madrid Protool means the Protool relating to the Madrid Agreement onerning the international registration of marks, adopted at Madrid on 27th June ; the Regulation means Counil Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark 4. (2) In regulations 4 to 9, a referene to a Community trade mark inludes a referene to an international trade mark (EC), and in that ase a referene to a revoation or delaration of invalidity of the mark is a referene to a revoation or delaration of invalidity of the protetion of the mark; a referene to the goods or servies for whih the mark is registered is a referene to the goods or servies in respet of whih the mark is proteted. (3) In these Regulations any referene to a setion is, unless the ontext otherwise requires, a referene to a setion of the At. 4 Remedies in infringement proeedings (1) In an ation for infringement of a Community trade mark all suh relief by way of damages, injuntions, aounts or otherwise is available to the proprietor of the Community trade mark as is available in respet of the infringement of any other property right. (2) Where in an ation for infringement of a Community trade mark it is shown that the defendant knew, or had reason to believe, that he or she was ommitting an infringement, the damages awarded to the laimant shall be appropriate to the atual prejudie he or she suffered as a result of the infringement. (3) The ourt in awarding suh damages shall take into aount all appropriate aspets, inluding in partiular (i) (ii) (iii) the negative eonomi onsequenes, inluding any lost profits, whih the laimant has suffered; any unfair profits made by the defendant; and elements other than eonomi fators, inluding the moral prejudie aused to the laimant by the infringement; or 3 Cm OJ No L78, , p1. Certain provisions of Counil Regulation (EC) No 207/2009 were applied to the Island, with exeptions and modifiations, by the Community Trade Mark Order 2014 (SD 2014/0087) Page 2 V01

3 Community Trade Mark Regulations 2014 Regulation 5 may where appropriate award suh damages on the basis of the royalties or fees whih would have been due had the defendant obtained a liene. (4) The provisions of setions 15 to 19 apply in relation to a Community trade mark as they apply to a registered trade mark; and any referene to the ourt shall be onstrued as meaning the Community trade mark ourt. 5 Groundless threats of infringement proeedings (1) The provisions of setion 21 apply in relation to a Community trade mark as they apply to a registered trade mark. (2) However, in the appliation of those provisions in relation to an international trade mark (EC) () the referene in setion 21(3) to the registration of the trade mark shall be treated as a referene to the protetion of the international trade mark (EC); the referene in setion 21(4) to notifiation that a trade mark is registered, shall be treated as a referene to notifiation that a trade mark is an international trade mark (EC); and the referene in setion 21(4) to notifiation that an appliation for registration has been made, shall be treated as a referene to notifiation that a trade mark is the subjet of an international appliation or international registration designating the European Community. 6 Importation of infringing goods, material or artiles (1) The provisions of setion 89 (infringing goods, material or artiles may be treated as prohibited goods); setion 90 and setion 91 (power of Treasury to dislose information), apply in relation to a Community trade mark as they apply in relation to a registered trade mark. (2) The Trade Marks (Customs) (Isle of Man) Regulations apply in relation to noties given under setion 89 as applied by paragraph (1). 7 Offenes and forfeiture (1) The provisions of 5 SD 249/96 V01 Page 3

4 Regulation 8 Community Trade Mark Regulations 2014 () setion 92 (unauthorised use of trade mark, et, in relation to goods); setion 92A (searh warrants); and setion 58 of the Consumer Protetion At (enforement of trade mark provisions), apply in relation to a Community trade mark as they apply in relation to a registered trade mark. (2) For the purposes of those provisions, referenes to goods in respet of whih a trade mark is registered shall inlude goods in respet of whih an international trade mark (EC) onfers protetion in the European Community. 8 Falsely representing trade mark as a Community trade mark (1) It is an offene for a person falsely to represent that a mark is a Community trade mark, or to make a false representation as to the goods or servies for whih a Community trade mark is registered, knowing or having reason to believe that the representation is false. (2) A person guilty of an offene under this regulation is liable on summary onvition to a fine not exeeding 1, Privilege for ommuniations with those on the list of professional trade marks representatives (1) This regulation applies to ommuniations as to any matter relating to the protetion of any trade mark or as to any matter involving passing off. (2) Any suh ommuniation between a person and his or her professional trade marks representative, or for the purposes of obtaining, or in response to a request for, information whih a person is seeking for the purpose of instruting his or her professional trade marks representative, is privileged from dislosure in legal proeedings in the same way as a ommuniation between a person and his or her advoate or, as the ase may be, a ommuniation for the purpose of obtaining, or in response to a request for, information whih a person is seeking for the purpose of instruting his or her advoate. (3) In paragraph (2) a person s professional trade marks representative means a person who is retained by him or her and is on the speial list of Page 4 V01

5 Community Trade Mark Regulations 2014 Regulation 10 professional representatives for trade marks matters referred to in Artile 93 of the Regulation. 10 Revoation The Community Trade Mark Regulations are revoked. MADE 7 APRIL 2014 W GREENHOW Chief Seretary 7 SD 672/98 V01 Page 5

6 Explanatory Note Community Trade Mark Regulations 2014 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations make provision supplemental to Counil Regulation (EC) No 207/2009 on the Community trade mark, ertain provisions of whih are applied to the Isle of Man by the Community Trade Mark Order 2014 (SD 2014/0087). They revoke and replae the Community Trade Mark Regulations 1998, and make provision for remedies in infringement proeedings (regulation 4); a right of ation for groundless threats of infringement proeedings in relation to Community trade marks (regulation 5), the appliation of enforement provisions of the Trade Marks At 1994 in relation to infringing goods (regulations 6 and 7); an offene of false representation in relation to a Community trade mark (regulation 8); and privilege for ommuniations between a person who is on the speial list of professional trade mark representatives maintained under Artile 93 of the Community Trade Mark Regulation and his lient (regulation 9). Page 6 V01

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