S T A T U T O R Y  I N S T R U M E N T S  
2022 No. 1303 
TRADE MARKS 
The Trade Marks (Amendment) Regulations 2022 
Made - - - - 6th December 2022 
Coming into force 27th December 2022 
The Secretary of State in exercise of powers confer red by section 31(1)(a) of the European Union 
(Future Relationship) Act 2020( a) makes the following Regulations. 
A draft of these Regulations has been approved by r esolution of each House of Parliament 
pursuant to paragraph 6(1) of Schedule 5 to the Eur opean Union (Future Relationship) Act 2020. 
Citation and commencement 
1.  These Regulations may be cited as the Trade Marks (Amendment) Regulations 2022 and 
come into force on the twenty-first day after the d ay on which they are made. 
Amendments to the Trade Marks Act 1994 
2.  The Trade Marks Act 1994( b) is amended in accordance with regulations 3 to 5.  
3.  In section 56(1)( c)— 
(a)  in paragraph (a), after “national of” insert “the U nited Kingdom or”, and 
(b)  in paragraph (b), after “establishment in,” insert “the United Kingdom or”. 
4.  In section 56(2), for the words from “his mark” to  “confusion” substitute— 
“the well known trade mark— 
(a) in relation to identical or similar goods or se rvices, where the use is likely to cause 
confusion, or 
(b) where the well known trade mark has a reputatio n in the United Kingdom and the 
use of the other trade mark— 
 (i) is without due cause, and 
 (ii) takes unfair advantage of, or is detrimental to, the distinctive character or the 
repute of the well known trade mark”. 
5.  After section 56(2) insert— 
                                                                                                                                            
(a) 2020 c. 29. See section 37 of that Act for a defi nition of “relevant national authority”. 
(b) 1994 c. 26. 
(c) Section 56 was amended by S.I. 1999/1899.  2£4.90 
http://www.legislation.gov.uk/id/uksi/2022/1303 “(2A) Subsection (2)(b) applies irrespective of whe ther the goods or services in relation 
to which the other trade mark is used are identical  with, similar to or not similar to those for 
which the well known trade mark is entitled to prot ection.”. 
 
 
 
 George Freeman  
 Minister for Science, Research and Innovation 
6th December 2022 Department for Business, Energy a nd Industrial Strategy 
 
 
 
EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations are made in exercise of the power  conferred by section 31(1) of the European 
Union (Future Relationship) Act 2020 (c. 29). 
Regulation 3 amends section 56(1) of the Trade Mark s Act 1994 (c. 26) (“the Act”) so as to 
provide that references in the Act to a trade mark which is entitled to protection under the Paris 
Convention or the WTO agreement include a mark whic h is well-known in the United Kingdom as 
being the mark of a national of the United Kingdom or a person who is domiciled in or has a real 
and effective industrial commercial establishment i n the United Kingdom. 
Regulations 4 and 5 amend section 56(2) of the Act and insert new subsection (2A). These extend 
the right of a proprietor of a well known trade mar k (as referred to in section 56(1)) to restrain the  
use in the United Kingdom of a trade mark which is identical or similar to the well known trade 
mark irrespective of whether the goods or services are identical with, similar to or not similar to 
those for which the well known trade mark is protec ted, provided that the well known trade mark 
has a reputation in the United Kingdom and the use of the other trade mark, being without due 
cause, takes unfair advantage of, or is detrimental  to, the distinctive character or the repute of the  
well known trade mark. 
A full impact assessment has not been produced for this instrument as no, or no significant, impact 
on the private, voluntary or public sectors is fore seen. A copy of this instrument together with the 
Explanatory Memorandum is available on the Legislat ion UK website www.legislation.gov.uk. A 
copy of this instrument, together with the Explanat ory Memorandum, is also available from the 
Intellectual Property Office, Concept House, Cardif f Road, Newport, NP20 8QQ. 
  
  
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