Regulation 28

notify the International Bureau of the occurrence of any of the events specified in paragraph (2); and

if applicable, request the International Bureau to cancel the international registration as regards those goods or services covered by the international application in respect of which the basic application or basic registration has ceased to subsist by reason of that event.

before the expiry of the period of 5 years after the date of the international registration, the Registrar —

refuses to accept the basic application as regards some or all of the goods or services covered by the international registration; or

after accepting the application, refuses to register the trade mark as regards some or all of those goods or services, having regard to matters coming to his notice since he accepted the application,and in either case that decision becomes a final decision, whether before or after the expiry of that period of 5 years;

is, before the expiry of the period of 5 years after the date of the international registration, treated as withdrawn under —

section 12(5) of, paragraph 6(3) or 7(4) of the First Schedule to, or paragraph 7(3) or 8(4) of the Second Schedule to, the Act; or

rule 9(6B)(a), 21(5) or 24(2) of the Trade Marks Rules (R 1),as the case may be; and

is, whether before or after the expiry of that period of 5 years —

not the subject of any request for continued processing under rule 77AA of the Trade Marks Rules made within the period prescribed in rule 77AA(3)(a) of those Rules; or

the subject of one or more requests for continued processing under rule 77AA of the Trade Marks Rules made within the period prescribed in rule 77AA(3)(a) of those Rules, none of which has been successful;

proceedings opposing the basic application that begun before the expiry of the period of 5 years after the date of the international registration have resulted in a final decision —

to register or not to register the trade mark as regards some or all of the goods or services covered by the international registration — where the final decision is made after the expiry of that period of 5 years; or

not to register the trade mark as regards some or all of the goods or services covered by the international registration — where the final decision is made before the expiry of that period of 5 years;

the basic application is withdrawn, or is restricted as regards goods or services covered by the international registration, as a result of a request by the applicant made —

before the expiry of the period of 5 years after the date of the international registration; or

subsequently when the basic application was at the time of the request subject to an appeal against refusal of registration or to opposition proceedings, begun in either case before the expiry of the period of 5 years;

the registration resulting from the basic application or the basic registration expires without renewal and is removed from the register before the expiry of the period of 5 years after the date of the international registration, and no request for its restoration is made within the period specified in rule 53 of the Trade Marks Rules (R 1); or such a request is made and a final decision is made refusing the request;

proceedings that begun before the expiry of the period of 5 years after the date of the international registration have resulted in a final decision —

to revoke or declare invalid the registration resulting from the basic application, or the basic registration, as regards some or all of the goods or services covered by the international registration, or not to effect such revocation or make such declaration — where the final decision is made after the expiry of that period of 5 years; or

to revoke or declare invalid the registration resulting from the basic application, or the basic registration, as regards some or all of the goods or services covered by the international registration — where the final decision is made before the expiry of that period of 5 years;

the registration resulting from the basic application or the basic registration is cancelled as a result of a request by the proprietor made before the expiry of the period of 5 years after the date of the international registration, or made subsequently where, at the time of the request —

the registration resulting from the basic application or the basic registration was subject to proceedings for revocation or invalidation; and

such proceedings were begun before the expiry of the period of 5 years after the date of the international registration;

proceedings mentioned in sub-paragraph (a), (b), (c), (e) or (f) that begun before the expiry of the period of 5 years after the date of the international registration have not resulted in a final decision by the expiry of that period.

a final decision shall be regarded as made where —

any right of appeal against the decision expires or is exhausted; or

proceedings relating to an application or registration are discontinued or abandoned; and

a reference to an application being withdrawn includes its being deemed withdrawn, abandoned, or never to have been made.