1. This Order may be cited as the Trade Marks (Claims to Priority from Relevant Countries) Order 1994 and shall come into force on 5th December 1994.
2. In this Order— “the Act” means the Trade Marks Act 1994; “duly filed” means a filing which is adequate to establish the date on which the application was filed in the relevant country in question, whatever may be the subsequent fate of the application; and “relevant country” means any country or territory specified in the Schedule to this Order.
3. A person who has duly filed an application for the protection of a trade mark in a relevant country shall have a right to priority, for the purpose of registering the same trade mark under the Act for some or all of the same goods or services, for a period of six months from the date of filing of the application in that country.
(b) the registrability of the trade mark shall not be affected by any use of the mark in the United Kingdom in the period between that date and the date of the application under the Act.
(b) it has not yet served as a basis for claiming a right of priority.
6. A previous application may not serve as a basis for claiming a right of priority where a subsequent application is considered, in accordance with article 5 above, as the first application to be duly filed.
(b) may be assigned or otherwise transmitted, either with the application or independently.
8.—(1) Where a right to priority is claimed by reason of an application to which this Order relates, particulars of that claim shall be included in the application for registration filed under the Act and, unless a certificate as is referred to in paragraph (2) below is filed with the application, such particulars shall include the relevant country and the date of filing.