Trade Marks Act 1994

1. Introductory Text

2. Part I Registered trade marks

   1. Introductory

      1. 1. Trade marks.

      2. 2. Registered trade marks.

   2. Grounds for refusal of registration

      1. 3. Absolute grounds for refusal of registration.

      2. 4. Specially protected emblems.

      3. 5. Relative grounds for refusal of registration.

      4. 6. Meaning of “earlier trade mark”.

      5. 7. Raising of relative grounds in case of honest concurrent use.

      6. 8. Power to require that relative grounds be raised in opposition proceedings.

   3. Effects of registered trade mark

      1. 9. Rights conferred by registered trade mark.

      2. 10. Infringement of registered trade mark.

      3. 11. Limits on effect of registered trade mark.

      4. 12. Exhaustion of rights conferred by registered trade mark.

      5. 13. Registration subject to disclaimer or limitation.

   4. Infringement proceedings

      1. 14. Action for infringement.

      2. 15. Order for erasure, &c. of offending sign.

      3. 16. Order for delivery up of infringing goods, material or articles.

      4. 17. Meaning of “infringing goods, material or articles”.

      5. 18. Period after which remedy of delivery up not available.

      6. 19. Order as to disposal of infringing goods, material or articles.

      7. 20. Jurisdiction of sheriff court or county court in Northern Ireland.

      8. 21. Remedy for groundless threats of infringement proceedings.

   5. Registered trade mark as object of property

      1. 22. Nature of registered trade mark.

      2. 23. Co-ownership of registered trade mark.

      3. 24. Assignment, &c. of registered trade mark.

      4. 25. Registration of transactions affecting registered trade mark.

      5. 26. Trusts and equities.

      6. 27. Application for registration of trade mark as an object of property.

   6. Licensing

      1. 28. Licensing of registered trade mark.

      2. 29. Exclusive licences.

      3. 30. General provisions as to rights of licensees in case of infringement.

      4. 31. Exclusive licensee having rights and remedies of assignee.

   7. Application for registered trade mark

      1. 32. Application for registration.

      2. 33. Date of filing.

      3. 34. Classification of trade marks.

   8. Priority

      1. 35. Claim to priority of Convention application.

      2. 36. Claim to priority from other relevant overseas application.

   9. Registration procedure

      1. 37. Examination of application.

      2. 38. Publication, opposition proceedings and observations.

      3. 39. Withdrawal, restriction or amendment of application.

      4. 40. Registration.

      5. 41. Registration: supplementary provisions.

   10. Duration, renewal and alteration of registered trade mark

       1. 42. Duration of registration.

       2. 43. Renewal of registration.

       3. 44. Alteration of registered trade mark.

   11. Surrender, revocation and invalidity

       1. 45. Surrender of registered trade mark.

       2. 46. Revocation of registration.

       3. 47. Grounds for invalidity of registration.

       4. 48. Effect of acquiescence.

   12. Collective marks

       1. 49. Collective marks.

   13. Certification marks

       1. 50. Certification marks.

3. Part II Community trade marks and international matters

   1. Community trade marks

      1. 51. Meaning of “Community trade mark”.

      2. 52. Power to make provision in connection with Community Trade Mark Regulation.

   2. The Madrid Protocol: international registration

      1. 53. The Madrid Protocol.

      2. 54. Power to make provision giving effect to Madrid Protocol.

   3. The Paris Convention: supplementary provisions

      1. 55. The Paris Convention.

      2. 56. Protection of well-known trade marks: Article 6bis.

      3. 57. National emblems, &c. of Convention countries: Article 6ter.

      4. 58. Emblems, &c. of certain international organisations: Article 6ter.

      5. 59. Notification under Article 6ter of the Convention.

      6. 60. Acts of agent or representative: Article 6septies.

   4. Miscellaneous

      1. 61. Stamp duty.

4. Part III Administrative and other supplementary provisions

   1. The registrar

      1. 62. The registrar.

   2. The register

      1. 63. The register.

      2. 64. Rectification or correction of the register.

      3. 65. Adaptation of entries to new classification.

   3. Powers and duties of the registrar

      1. 66. Power to require use of forms.

      2. 67. Information about applications and registered trade marks.

      3. 68. Costs and security for costs.

      4. 69. Evidence before registrar.

      5. 70. Exclusion of liability in respect of official acts.

      6. 71. Registrar’s annual report.

   4. Legal proceedings and appeals

      1. 72. Registration to be prima facie evidence of validity.

      2. 73. Certificate of validity of contested registration.

      3. 74. Registrar’s appearance in proceedings involving the register.

      4. 75. The court.

      5. 76. Appeals from the registrar.

      6. 77. Persons appointed to hear and determine appeals.

   5. Rules, fees, hours of business, &c.

      1. 78. Power of Secretary of State to make rules.

      2. 79. Fees.

      3. 80. Hours of business and business days.

      4. 81. The trade marks journal.

   6. Trade mark agents, &c.

      1. 82. Recognition of agents.

      2. 83. The register of trade mark agents.

      3. 84. Unregistered persons not to be described as registered trade mark agents.

      4. 85. Power to prescribe conditions, &c. for mixed partnerships and bodies corporate.

      5. 86. Use of the term “trade mark attorney”.

      6. 87. Privilege for communications with registered trade mark agents.

      7. 88. Power of registrar to refuse to deal with certain agents.

   7. Importation of infringing goods, material or articles

      1. 89. Infringing goods, material or articles may be treated as prohibited goods.

      2. 90. Power of Commissioners of Customs and Excise to make regulations.

      3. 91. Power of Commissioners of Customs and Excise to disclose information.

   8. Offences

      1. 92. Unauthorised use of trade mark, &c. in relation to goods.

      2. 93. Enforcement function of local weights and measures authority.

      3. 94. Falsification of register, &c.

      4. 95. Falsely representing trade mark as registered.

      5. 96. Supplementary provisions as to summary proceedings in Scotland.

   9. Forfeiture of counterfeit goods, &c.

      1. 97. Forfeiture: England and Wales or Northern Ireland.

      2. 98. Forfeiture: Scotland.

5. Part IV Miscellaneous and general provisions

   1. Miscellaneous

      1. 99. Unauthorised use of Royal arms, &c.

      2. 100. Burden of proving use of trade mark.

      3. 101. Offences committed by partnerships and bodies corporate.

   2. Interpretation

      1. 102. Adaptation of expressions for Scotland.

      2. 103. Minor definitions.

      3. 104. Index of defined expressions.

   3. Other general provisions

      1. 105. Transitional provisions.

      2. 106. Consequential amendments and repeals.

      3. 107. Territorial waters and the continental shelf.

      4. 108. Extent.

      5. 109. Commencement.

      6. 110. Short title.

6. 1. Schedule 1 Collective marks

   2. Schedule 2

      Certification marks.

   3. Schedule 3

      Transitional provisions.

   4. Schedule 4

      Consequential amendments.

   5. Schedule 5

      Repeals and revocations.