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Commencement Orders bringing legislation that affects this Act into force:
In the application of this Act to Scotland—
“account of profits” means accounting and payment of profits;
“accounts” means count, reckoning and payment;
“assignment” means assignation;
“costs” means expenses;
“declaration” means declarator;
“defendant” means defender;
“delivery up” means delivery;
“injunction” means interdict;
“interlocutory relief” means interim remedy; and
“plaintiff” means pursuer.
(1)In this Act—
“business” includes a trade or profession;
“director”, in relation to a body corporate whose affairs are managed by its members, means any member of the body;
“infringement proceedings”, in relation to a registered trade mark, includes proceedings under section 16 (order for delivery up of infringing goods, &c.);
“publish” means make available to the public, and references to publication—
in relation to an application for registration, are to publication under section 38(1), and
in relation to registration, are to publication under section 40(4);
“statutory provisions” includes provisions of subordinate legislation within the meaning of the M1Interpretation Act 1978;
“trade” includes any business or profession.
(2)References in this Act to use (or any particular description of use) of a trade mark, or of a sign identical with, similar to, or likely to be mistaken for a trade mark, include use (or that description of use) otherwise than by means of a graphic representation.
(3)References in this Act to a Community instrument include references to any instrument amending or replacing that instrument.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
In this Act the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated—
|account of profits and accounts (in Scotland)||section 102|
|appointed person (for purposes of section 76)||section 77|
|assignment (in Scotland)||section 102|
|certification mark||section 50(1)|
|collective mark||section 49(1)|
|commencement (of this Act)||section 109(2)|
|Community trade mark||section 51|
|Community Trade Mark Regulation||section 51|
|Convention country||section 55(1)(b)|
|costs (in Scotland)||section 102|
|the court||section 75|
|date of application||section 33(2)|
|date of filing||section 33(1)|
|date of registration||section 40(3)|
|defendant (in Scotland)||section 102|
|delivery up (in Scotland)||section 102|
|earlier right||section 5(4)|
|earlier trade mark||section 6|
|exclusive licence and licensee||section 29(1)|
|infringement (of registered trade mark)||sections 9(1) and (2) and 10|
|infringement proceedings||section 103(1)|
|infringing articles||section 17|
|infringing goods||section 17|
|infringing material||section 17|
|injunction (in Scotland)||section 102|
|interlocutory relief (in Scotland)||section 102|
|the International Bureau||section 53|
|international trade mark (UK)||section 53|
|Madrid Protocol||section 53|
|Paris Convention||section 55(1)(a)|
|plaintiff (in Scotland)||section 102|
|protected under the Paris Convention|
|—well-known trade marks||section 56(1)|
|—state emblems and official signs or hallmarks||section 57(1)|
|—emblems, &c. of international organisations||section 58(2)|
|publish and references to publication||section 103(1)|
|register, registered (and related expressions)||section 63(1)|
|registered trade mark agent||section 83(1)|
|registrable transaction||section 25(2)|
|the registrar||section 62|
|statutory provisions||section 103(1)|
|—includes collective mark or certification mark||section 1(2)|
|United Kingdom (references include Isle of Man)||section 108(2)|
|use (of trade mark or sign)||section 103(2)|
|well-known trade mark (under Paris Convention)||section 56(1)|
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