The NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012

Requirements relating to trade mark

43.—(1) The requirements referred to in regulation 40(1)(f) are that L must—

(a) by such date as A may specify, apply to the Commission for a licence under section 45D(1) of the 2008 Act(1) (grant of licence to use trade mark) which provides for the grant of a sub-licence by the licensee in accordance with section 45D(2) of that Act;

(b) where a licence under section 45D(1) of the 2008 Act is obtained, use the trade mark(2) to which that licence relates in relation to the carrying-on of the relevant section 221 activities; and

(c) provide such advice, support or other assistance to the Commission as the Commission may reasonably require in connection with infringement proceedings (whether existing or proposed) relating to that trade mark.

(2) In this regulation—

“the 2008 Act” means the Health and Social Care Act 2008(3);

“infringement proceedings” has the same meaning as in the Trade Marks Act 1994(4);

“the Commission” means the Care Quality Commission(5).

(1)

Section 45D(1) of the 2008 Act enables the Care Quality Commission to grant a Local Healthwatch organisation a licence authorising the use, in relation to the carrying-on of activities under arrangements made under section 221(1) of the 2007 Act, of a registered trade mark of which the Commission is the proprietor. See the definition of “registered trade mark” and “use” in section 45D(3) of the 2008 Act. Section 45D is inserted by section 182(11) of the 2012 Act.

(2)

See the meaning of “use” and “trade mark” in section 223(3) of the 2007 Act.

(3)

2008 c.14.

(4)

1994 c.26; see section 103 for the definition of “infringement proceedings”.

(5)

The Commission was established by section 1(1) of the 2008 Act.