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Trade Marks Act 1994
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Changes and effects yet to be applied to Schedule 3 Paragraph 9:
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- s. 83 83A substituted for s. 83 by 2007 c. 29 s. 184(3) (This Act is amended by SI 2009/3339 art. 2)
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- Act amendment to earlier affecting provision SI 1996/729 by S.I. 2004/1497 art. 2
- Act applied in part (with modifications) by S.I. 2008/2206 art. 3(3) Sch. 1 Pt. 1 Sch. 2
- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 5
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- s. 6A applied (with modifications) by SI 1996/714 art. 10C(2) (as substituted) by S.I. 2004/948 art. 5
- s. 6A inserted by S.I. 2004/946 reg. 4
- s. 6A(1)(b) text amended by S.I. 2008/1067 art. 4(2)
- s. 6A(5) text amended by S.I. 2008/1067 art. 4(3)
- s. 83A amendment to earlier affecting provision 2007 c. 29 s. 184(3) by S.I. 2009/3339 art. 2
- Sch. 21 para. 7(2) inserted by 2007 c. 29 Sch. 21 para. 108(c)
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2005/1126 art. 2 commences (2005 c. 11)
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2006/1014 art. 2 Sch. 1 2 commences (2005 c. 4)
- S.I. 2007/1064 art. 2 commences (2006 c. 12)
- S.I. 2007/3495 art. 2-5 8 commences (2006 c. 46)
- S.I. 2008/1653 art. 2 commences (2007 c. 15)
- S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/3250 art. 2 commences (2007 c. 29)
9(1)Sections 28 and 29(2) of this Act (licensing of registered trade mark; rights of exclusive licensee against grantor’s successor in title) apply only in relation to licences granted after the commencement of this Act; and the old law continues to apply in relation to licences granted before commencement.E+W+S+N.I.
(2)Existing entries under section 28 of the 1938 Act (registered users) shall be transferred on the commencement of this Act to the register kept under this Act and have effect as if made under section 25 of this Act.
Provision may be made by rules for putting such entries in the same form as is required for entries made under this Act.
(3)An application for registration as a registered user which is pending before the registrar on the commencement of this Act shall be treated as an application for registration of a licence under section 25(1) of this Act and shall proceed accordingly.
The registrar may require the applicant to amend his application so as to conform with the requirements of this Act.
(4)An application for registration as a registered user which has been determined by the registrar but not finally determined before the commencement of this Act shall be dealt with under the old law; and sub-paragraph (2) above shall apply in relation to any resulting entry in the register.
(5)Any proceedings pending on the commencement of this Act under section 28(8) or (10) of the 1938 Act (variation or cancellation of registration of registered user) shall be dealt with under the old law and any necessary alteration made to the new register.
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