Search Legislation

Trade Marks Act 1994

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Trade Marks Act 1994, Section 52. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

52 Power to make provision in connection with [F1European Union] Trade Mark Regulation.E+W+S+N.I.

(1)The Secretary of State may by regulations make such provision as he considers appropriate in connection with the operation of the [F2European Union] Trade Mark Regulation.

(2)Provision may, in particular, be made with respect to—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the procedures for determininga posteriori the invalidity, or liability to revocation, of the registration of a trade mark from which a [F2European Union] trade mark claims seniority;

(c)the conversion of a [F2European Union] trade mark, or an application for a [F2European Union] trade mark, into an application for registration under this Act;

(d)the designation of courts in the United Kingdom having jurisdiction over proceedings arising out of the [F2European Union] Trade Mark Regulation.

(3)Without prejudice to the generality of subsection (1), provision may be made by regulations under this section—

(a)applying in relation to a [F2European Union] trade mark the provisions of—

(i)section 21 (remedy for groundless threats of infringement proceedings);

(ii)sections 89 to 91 (importation of infringing goods, material or articles); and

(iii)sections 92, 93, 95 and 96 (offences); and

(b)making in relation to the list of professional representatives maintained in pursuance of [F4Article 93] of the [F2European Union] Trade Mark Regulation, and persons on that list, provision corresponding to that made by, or capable of being made under, sections 84 to 88 in relation to the register of [F5trade mark attorneys and registered trade mark attorneys].

[F6(3A) The reference in subsections (1) and (2)(d) to the European Union Trade Mark Regulation includes a reference to Council Regulation (EC) No 40/94 of 20th December 1993 on the Community trade mark . ]

(4)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations: Help about Annotation
Close

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.

Subordinate Legislation Made

P1S. 52 power fully exercised (23.7.1996): 14.8.1996 appointed day by S.I. 1996/1908

Amendments (Textual)

F1Words in s. 52 heading substituted (6.4.2016) by The European Union Trade Mark Regulations 2016 (S.I. 2016/299), regs. 1(1), 5(2) (with regs. 13, 14)

F2Words in s. 52(1)-(3) substituted (6.4.2016) by The European Union Trade Mark Regulations 2016 (S.I. 2016/299), regs. 1(1), 5(3) (with regs. 13, 14)

F4Words in s. 52(3)(b) substituted (6.4.2016) by The European Union Trade Mark Regulations 2016 (S.I. 2016/299), regs. 1(1), 5(5) (with regs. 13, 14)

F5Words in s. 52(3)(b) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 110 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources