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Trade Marks Act 1994
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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 words substituted by 2005 c. 4 Sch. 11 para. 1(2)
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 5
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- 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. 83 83A substituted for s. 83 by 2007 c. 29 s. 184(3) (This Act is amended by SI 2009/3339 art. 2)
- 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)
Commencement Orders yet to be applied to the Trade Marks Act 1994:
Commencement Orders
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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(a) Sch. 1 para. 11(v) commences (2005 c. 4)
- S.I. 2007/1064 art. 2 commences (2006 c. 12)
- S.I. 2007/2194 art. 8 Sch. 2 commences (2006 c. 46)
- S.I. 2007/3495 art. 5 art. 8(b) Sch. 3 art. 8(a) Sch. 2 commences (2006 c. 46)
- S.I. 2008/1653 art. 2 commences (2007 c. 15)
- S.I. 2008/1886 art. 2(f) commences (2006 c. 46)
- 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(f)(i) art. 2(h) art. 2(i) commences (2007 c. 29)
4 Specially protected emblems.E+W+S+N.I.
(1)A trade mark which consists of or contains—
(a)the Royal arms, or any of the principal armorial bearings of the Royal arms, or any insignia or device so nearly resembling the Royal arms or any such armorial bearing as to be likely to be mistaken for them or it,
(b)a representation of the Royal crown or any of the Royal flags,
(c)a representation of Her Majesty or any member of the Royal family, or any colourable imitation thereof, or
(d)words, letters or devices likely to lead persons to think that the applicant either has or recently has had Royal patronage or authorisation,
shall not be registered unless it appears to the registrar that consent has been given by or on behalf of Her Majesty or, as the case may be, the relevant member of the Royal family.
(2)A trade mark which consists of or contains a representation of—
(a)the national flag of the United Kingdom (commonly known as the Union Jack), or
(b)the flag of England, Wales, Scotland, Northern Ireland or the Isle of Man,
shall not be registered if it appears to the registrar that the use of the trade mark would be misleading or grossly offensive.
Provision may be made by rules identifying the flags to which paragraph (b) applies.
(3)A trade mark shall not be registered in the cases specified in—
section 57 (national emblems, &c. of Convention countries), or
section 58 (emblems, &c. of certain international organisations).
(4)Provision may be made by rules prohibiting in such cases as may be prescribed the registration of a trade mark which consists of or contains—
(a)arms to which a person is entitled by virtue of a grant of arms by the Crown, or
(b)insignia so nearly resembling such arms as to be likely to be mistaken for them,
unless it appears to the registrar that consent has been given by or on behalf of that person.
Where such a mark is registered, nothing in this Act shall be construed as authorising its use in any way contrary to the laws of arms.
[F1(5)A trade mark which consists of or contains a controlled representation within the meaning of the Olympic Symbol etc. (Protection) Act 1995 shall not be registered unless it appears to the registrar—
(a)that the application is made by the person for the time being appointed under section 1(2) of the Olympic Symbol etc. (Protection) Act 1995 (power of Secretary of State to appoint a person as the proprietor of the Olympics association right), or
(b)that consent has been given by or on behalf of the person mentioned in paragraph (a) above.]
Annotations:
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Amendments (Textual)
F1S. 4(5) inserted (20.9.1995) by 1995 c. 32, s. 13(2) (with s. 13(3)); S.I. 1995/2472, art. 2
Commencement Information
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