- Latest available (Revised)
- Original (As enacted)
Trade Marks Act 1994
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Trade Marks Act 1994. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
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.
Changes and effects yet to be applied to Section 6:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 6(1)(a) text amended by S.I. 2004/2332 reg. 4(a)
- s. 6(1)(b)(ba) substituted for s. 6(1)(b) by S.I. 2004/2332 reg. 4(b)
- s. 83 83A substituted for s. 83 by 2007 c. 29 s. 184(3) (This Act is amended by SI 2009/3339 art. 2)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- 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
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. 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
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
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)
6 Meaning of “earlier trade mark”.E+W+S+N.I.
(1)In this Act an “earlier trade mark” means—
(a)a registered trade mark, international trade mark (UK) or Community trade mark which has a date of application for registration earlier than that of the trade mark in question, taking account (where appropriate) of the priorities claimed in respect of the trade marks,
(b)a Community trade mark which has a valid claim to seniority from an earlier registered trade mark or international trade mark (UK), or
(c)a trade mark which, at the date of application for registration of the trade mark in question or (where appropriate) of the priority claimed in respect of the application, was entitled to protection under the Paris Convention [F1or the WTO agreement] as a well known trade mark.
(2)References in this Act to an earlier trade mark include a trade mark in respect of which an application for registration has been made and which, if registered, would be an earlier trade mark by virtue of subsection (1)(a) or (b), subject to its being so registered.
(3)A trade mark within subsection (1)(a) or (b) whose registration expires shall continue to be taken into account in determining the registrability of a later mark for a period of one year after the expiry unless the registrar is satisfied that there was nobona fide use of the mark during the two years immediately preceding the expiry.
Annotations:
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.
Amendments (Textual)
F1Words in s. 6(1)(c) inserted (29.7.1999) by S.I. 1999/1899, reg. 13(1)
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print The Whole Cross Heading
Print This Section only
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.
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
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