S.L. 597.4 Art. 75Determination a posteriori of invalidity and liability to revocation.

(1) Where the proprietor of a European Union trademark claims the seniority of a registered trademark which has been removed from the register under article 58(5) of the Act or has been surrendered under article 60 of the Act, application may be made to the Comptroller or to the court by any person for a declaration that, if the registered trademark had not been so removed or surrendered, it would have been liable to be revoked under article 29 of the Act or declared invalid under articles 5 and 6 of the Act.

(2) Where a registered trademark has been surrendered in respect of only some of the goods or services for which it is registered, sub-rule (1) shall apply in relation to those goods or services.

(3) The provisions of articles, 5, 6 or 29 of the Act, as the case may be, articles 97, 99 and 100 of the Act, apply in relation to an application under sub-rule (1).