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Trade Marks Act 1938

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Registration, Infringement and other Substantive Provisions

    The register

    1. 1.The register of trade marks

  3. Effect of registration and the action for infringement

    1. 2.No action for infringement of unregistered trade mark

    2. 3.Registration to be in respect of particular goods

    3. 4.Right given by registration in Part A, and infringement thereof

    4. 5.Right given by registration in Part B, and infringement thereof

    5. 6.Infringement by breach of certain restrictions

    6. 7.Saving for vested rights

    7. 8.Saving for use of name, address, or description of goods

  4. Registrability and validity of registration

    1. 9.Distinctiveness requisite for registration in Part A

    2. 10.Capability of distinguishing requisite for registration in Part B

    3. 11.Prohibition of registration of deceptive, &c., matter

    4. 12.Prohibition of registration of identical and resembling trade marks

    5. 13.Registration in Part A to be conclusive as to validity after seven years

    6. 14.Registration subject to disclaimer

    7. 15.Words used as name or description of an article or substance

    8. 16.Effect of limitation as to colour, and of absence thereof

  5. Procedure for, and duration of, registration

    1. 17.Application for registration

    2. 18.Opposition to registration

    3. 19.Registration

    4. 20.Duration and renewal of registration

    5. 21.Registration of parts of trade marks and of trade marks as a series

  6. Assignment and transmission

    1. 22.Powers of, and restrictions on, assignment and transmission

    2. 23.Certain trade marks to be associated so as to be assignable and transmissible as a whole only

    3. 24.Power of registered proprietor to assign and give receipts

    4. 25.Registration of assignments and transmissions

  7. Use and non-use

    1. 26.Removal from register and imposition of limitations on ground of non-use

    2. 27.Defensive registration of well known trade marks

    3. 28.Registered users

    4. 29.Proposed use of trade mark by corporation to be constituted, &c

    5. 30.Use of one of associated or substantially identical trade marks equivalent to use of another

    6. 31.Use of trade mark for export trade

  8. Rectification and correction of the register

    1. 32.General power to rectify entries in register

    2. 33.Power to expunge or vary registration for breach of condition

    3. 34.Correction of register

    4. 35.Alteration of registered trade mark

    5. 36.Adaptation of entries in register to amended or substituted classification of goods

  9. Certification trade marks

    1. 37.Certification trade marks

  10. Sheffield marks

    1. 38.Sheffield marks

  11. Manchester Branch

    1. 39.Trade marks for textile goods

  12. General and Miscellaneous

    Rules and fees

    1. 40.Power of Board of Trade to make rules

    2. 41.Fees

  13. Powers and duties of Registrar

    1. 42.Preliminary advice by Registrar as to distinctiveness

    2. 43.Hearing before exercise of Registrar's discretion

    3. 44.Power of Registrar to award costs

    4. 45.Annual reports of Registrar

  14. Legal proceedings and appeals

    1. 46.Registration to be prima facie evidence of validity

    2. 47.Certificate of validity

    3. 48.Costs of Registrar in proceedings before Court, and payment of costs by Registrar

    4. 49.Trade usage, &c. to be considered

    5. 50.Registrar's appearance in proceedings involving rectification

    6. 51.Court's power to review Registrar's decision

    7. 52.Discretion of Court in appeals

    8. 53.Procedure on appeal to Board of Trade

    9. 54.Procedure in cases of option to apply to Court or Registrar

  15. Evidence

    1. 55.Mode of giving evidence

    2. 56.Evidence of orders, &c. of Board of Trade

    3. 57.Evidence of entries in register

    4. 58.Evidence of things done by Registrar

  16. Offences and restraint of use of Royal Arms

    1. 59.Falsification of entries in register a misdemeanour

    2. 60.Fine for falsely representing a trade mark as registered

    3. 61.Restraint of use of Royal Arms, &c

  17. Miscellaneous

    1. 62.Change of form of trade connection not to be deemed to cause deception

    2. 63.Jointly owned trade marks

    3. 64.Trusts and equities

    4. 65.Recognition of agents

    5. 66.Saving for jurisdiction of courts in Scotland, Northern Ireland and Isle of Man

    6. 67.Exercise of powers of Board of Trade

  18. Supplemental

    1. 68.Interpretation

    2. 69.Transitional provisions

    3. 70.Repeal and savings

    4. 71.Short title, commencement and extent

    1. First Schedule

      Certification trade marks

    2. Second Schedule

      Sheffield marks

    3. Third Schedule

      Transitional provisions

    4. Fourth Schedule

      Enactments repealed

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