- Latest available (Revised)
- Original (As enacted)
Trade Marks Act 1994, Cross Heading: Patents, Designs, Copyright and Trade Marks (Emergency) Act 1939(c.107) is up to date with all changes known to be in force on or before 24 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
3(1)The Patents, Designs, Copyright and Trade Marks (Emergency) Act 1939 is amended as follows.U.K.
(2)For section 3 (power of comptroller to suspend rights of enemy or enemy subject) substitute—
(1)Where on application made by a person proposing to supply goods or services of any description it is made to appear to the comptroller—
(a)that it is difficult or impracticable to describe or refer to the goods or services without the use of a registered trade mark, and
(b)that the proprietor of the registered trade mark (whether alone or jointly with another) is an enemy or an enemy subject,
the comptroller may make an order suspending the rights given by the registered trade mark.
(2)An order under this section shall suspend those rights as regards the use of the trade mark—
(a)by the applicant, and
(b)by any person authorised by the applicant to do, for the purposes of or in connection with the supply by the applicant of the goods or services, things which would otherwise infringe the registered trade mark,
to such extent and for such period as the comptroller considers necessary to enable the applicant to render well-known and established some other means of describing or referring to the goods or services in question which does not involve the use of the trade mark.
(3)Where an order has been made under this section, no action for passing off lies on the part of any person interested in the registered trade mark in respect of any use of it which by virtue of the order is not an infringement of the right conferred by it.
(4)An order under this section may be varied or revoked by a subsequent order made by the comptroller.”.
(3)In each of the following provisions—
(a)section 4(1)(c) (effect of war on registration of trade marks),
(b)section 6(1) (power of comptroller to extend time limits),
(c)section 7(1)(a) (evidence as to nationality, &c.), and
(d)the definition of “the comptroller” in section 10(1) (interpretation),
for “the Trade Marks Act 1938” substitute “ the Trade Marks Act 1994 ”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: