Patents, Designs and Marks Act 1986

2 Service marks etc.

(1) In section 1 of the [1984 c. 19.] Trade Marks (Amendment) Act 1984—

(a) the following subsections shall be substituted for subsections (1) and (2)—

“(1) Subject to subsection (2) below, the [1938 c. 32.] Trade Marks Act 1938 shall have effect with respect to service marks as it has effect with respect to trade marks (references to goods having effect as references to services).

(2) The Act of 1938 shall have effect in relation to service marks as mentioned in Schedule 1 to this Act.”; and

(b) the following subsection shall be substituted for sub section (7)—

“(7) In this Act " service mark " means a mark (including a device, name, signature, word, letter, numeral, or any combination thereof) used or proposed to be used in relation to services for the purpose of indicating, or so as to indicate, that a particular person is connected, in the course of business, with the provision of those services, whether with or without any indication of the identity of that person.”.

(2) Subject to any Order made after the passing of this Act by virtue of subsection (l)(a) of section 3 of the [1973 c. 36.] Northern Ireland Constitution Act 1973, service marks shall not be a transferred matter for the purposes of that Act but shall for the purposes of subsection (2) of that section be treated as specified in Schedule 3 to that Act.

(3) The enactments mentioned in Schedule 2 to this Act shall have effect subject to the amendments there specified.