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Introductory Text
Part I Registered trade marks
Introductory
1.Trade marks
2.Registered trade marks
Grounds for refusal of registration
3.Absolute grounds for refusal of registration
4.Specially protected emblems
5.Relative grounds for refusal of registration
6.Meaning of “earlier trade mark”
7.Raising of relative grounds in case of honest concurrent use
8.Power to require that relative grounds be raised in opposition proceedings
Effects of registered trade mark
9.Rights conferred by registered trade mark
10.Infringement of registered trade mark
11.Limits on effect of registered trade mark
12.Exhaustion of rights conferred by registered trade mark
13.Registration subject to disclaimer or limitation
Infringement proceedings
14.Action for infringement
15.Order for erasure, &c. of offending sign
16.Order for delivery up of infringing goods, material or articles
17.Meaning of “infringing goods, material or articles”
18.Period after which remedy of delivery up not available
19.Order as to disposal of infringing goods, material or articles
20.Jurisdiction of sheriff court or county court in Northern Ireland
21.Remedy for groundless threats of infringement proceedings
Registered trade mark as object of property
22.Nature of registered trade mark
23.Co-ownership of registered trade mark
24.Assignment, &c. of registered trade mark
25.Registration of transactions affecting registered trade mark
26.Trusts and equities
27.Application for registration of trade mark as an object of property
Licensing
28.Licensing of registered trade mark
29.Exclusive licences
30.General provisions as to rights of licensees in case of infringement
31.Exclusive licensee having rights and remedies of assignee
Application for registered trade mark
32.Application for registration
33.Date of filing
34.Classification of trade marks
Priority
35.Claim to priority of Convention application
36.Claim to priority from other relevant overseas application
Registration procedure
37.Examination of application
38.Publication, opposition proceedings and observations
39.Withdrawal, restriction or amendment of application
40.Registration
41.Registration: supplementary provisions
Duration, renewal and alteration of registered trade mark
42.Duration of registration
43.Renewal of registration
44.Alteration of registered trade mark
Surrender, revocation and invalidity
45.Surrender of registered trade mark
46.Revocation of registration
47.Grounds for invalidity of registration
48.Effect of acquiescence
Collective marks
49.Collective marks
Certification marks
50.Certification marks
Part II Community trade marks and international matters
Community trade marks
51.Meaning of “Community trade mark”
52.Power to make provision in connection with Community Trade Mark Regulation
The Madrid Protocol: international registration
53.The Madrid Protocol
54.Power to make provision giving effect to Madrid Protocol
The Paris Convention: supplementary provisions
55.The Paris Convention
56.Protection of well-known trade marks: Article 6bis
57.National emblems, &c. of Convention countries: Article 6ter
58.Emblems, &c. of certain international organisations: Article 6ter
59.Notification under Article 6ter of the Convention
60.Acts of agent or representative: Article 6septies
Miscellaneous
61.Stamp duty
Part III Administrative and other supplementary provisions
The registrar
62.The registrar
The register
63.The register
64.Rectification or correction of the register
65.Adaptation of entries to new classification
Powers and duties of the registrar
66.Power to require use of forms
67.Information about applications and registered trade marks
68.Costs and security for costs
69.Evidence before registrar
70.Exclusion of liability in respect of official acts
71.Registrar’s annual report
Legal proceedings and appeals
72.Registration to be prima facie evidence of validity
73.Certificate of validity of contested registration
74.Registrar’s appearance in proceedings involving the register
75.The court
76.Appeals from the registrar
77.Persons appointed to hear and determine appeals
Rules, fees, hours of business, &c.
78.Power of Secretary of State to make rules
79.Fees
80.Hours of business and business days
81.The trade marks journal
Trade mark agents
82.Recognition of agents
83.The register of trade mark agents
84.Unregistered persons not to be described as registered trade mark agents
85.Power to prescribe conditions, &c. for mixed partnerships and bodies corporate
86.Use of the term “trade mark attorney”
87.Privilege for communications with registered trade mark agents
88.Power of registrar to refuse to deal with certain agents
Importation of infringing goods, material or articles
89.Infringing goods, material or articles may be treated as prohibited goods
90.Power of Commissioners of Customs and Excise to make regulations
91.Power of Commissioners of Customs and Excise to disclose information
Offences
92.Unauthorised use of trade mark, &c. in relation to goods
93.Enforcement function of local weights and measures authority
94.Falsification of register, &c
95.Falsely representing trade mark as registered
96.Supplementary provisions as to summary proceedings in Scotland
Forfeiture of counterfeit goods, &c.
97.Forfeiture: England and Wales or Northern Ireland
98.Forfeiture: Scotland
Part IV Miscellaneous and general provisions
99.Unauthorised use of Royal arms, &c
100.Burden of proving use of trade mark
101.Offences committed by partnerships and bodies corporate
Interpretation
102.Adaptation of expressions for Scotland
103.Minor definitions
104.Index of defined expressions
Other general provisions
105.Transitional provisions
106.Consequential amendments and repeals
107.Territorial waters and the continental shelf
108.Extent
109.Commencement
110.Short title
SCHEDULES
SCHEDULE 1
General
1.The provisions of this Act apply to collective marks subject...
Signs of which a collective mark may consist
2.In relation to a collective mark the reference in section...
Indication of geographical origin
3.(1) Notwithstanding section 3(1)(c), a collective mark may be registered...
Mark not to be misleading as to character or significance
4.(1) A collective mark shall not be registered if the...
Regulations governing use of collective mark
5.(1) An applicant for registration of a collective mark must...
Approval of regulations by registrar
6.(1) A collective mark shall not be registered unless the...
7.(1) The registrar shall consider whether the requirements mentioned in...
8.The regulations shall be published and notice of opposition may...
Regulations to be open to inspection
9.The regulations governing the use of a registered collective mark...
Amendment of regulations
10.(1) An amendment of the regulations governing the use of...
Infringement: rights of authorised users
11.The following provisions apply in relation to an authorised user...
12.(1) The following provisions (which correspond to the provisions of...
Grounds for revocation of registration
13.Apart from the grounds of revocation provided for in section...
Grounds for invalidity of registration
14.Apart from the grounds of invalidity provided for in section...
SCHEDULE 2
1.The provisions of this Act apply to certification marks subject...
Signs of which a certification mark may consist
2.In relation to a certification mark the reference in section...
3.(1) Notwithstanding section 3(1)(c), a certification mark may be registered...
Nature of proprietor’s business
4.A certification mark shall not be registered if the proprietor...
5.(1) A certification mark shall not be registered if the...
Regulations governing use of certification mark
6.(1) An applicant for registration of a certification mark must...
Approval of regulations, &c.
7.(1) A certification mark shall not be registered unless—
8.(1) The registrar shall consider whether the requirements mentioned in...
9.The regulations shall be published and notice of opposition may...
10.The regulations governing the use of a registered certification mark...
11.(1) An amendment of the regulations governing the use of...
Consent to assignment of registered certification mark
12.The assignment or other transmission of a registered certification mark...
13.The following provisions apply in relation to an authorised user...
14.In infringement proceedings brought by the proprietor of a registered...
15.Apart from the grounds of revocation provided for in section...
16.Apart from the grounds of invalidity provided for in section...
SCHEDULE 3
Transitional provisions
1.(1) In this Schedule— “existing registered mark” means a trade...
Existing registered marks
2.(1) Existing registered marks (whether registered in Part A or...
3.(1) A condition entered on the former register in relation...
Effects of registration: infringement
4.(1) Sections 9 to 12 of this Act (effects of...
Infringing goods, material or articles
5.Section 16 of this Act (order for delivery up of...
Rights and remedies of licensee or authorised user
6.(1) Section 30 (general provisions as to rights of licensees...
Co-ownership of registered mark
7.The provisions of section 23 of this Act (co-ownership of...
Assignment, &c. of registered mark
8.(1) Section 24 of this Act (assignment or other transmission...
Licensing of registered mark
9.(1) Sections 28 and 29(2) of this Act (licensing of...
Pending applications for registration
10.(1) An application for registration of a mark under the...
Conversion of pending application
11.(1) In the case of a pending application for registration...
Trade marks registered according to old classification
12.The registrar may exercise the powers conferred by rules under...
Claim to priority from overseas application
13.Section 35 of this Act (claim to priority of Convention...
14.(1) Where before the commencement of this Act a person...
Duration and renewal of registration
15.(1) Section 42(1) of this Act (duration of original period...
Pending application for alteration of registered mark
16.An application under section 35 of the 1938 Act (alteration...
Revocation for non-use
17.(1) An application under section 26 of the 1938 Act...
Application for rectification, &c.
18.(1) An application under section 32 or 34 of the...
Regulations as to use of certification mark
19.(1) Regulations governing the use of an existing registered certification...
Sheffield marks
20.(1) For the purposes of this Schedule the Sheffield register...
Certificate of validity of contested registration
21.A certificate given before the commencement of this Act under...
22.(1) Rules in force immediately before the commencement of this...
SCHEDULE 4
Consequential amendments
General adaptation of existing references
1.(1) References in statutory provisions passed or made before the...
Patents and Designs Act 1907 (c. 29)
2.(1) The Patents and Designs Act 1907 is amended as...
Patents, Designs, Copyright and Trade Marks (Emergency) Act 1939(c.107)
3.(1) The Patents, Designs, Copyright and Trade Marks (Emergency) Act...
Trade Descriptions Act 1968 (c. 29)
4.In the Trade Descriptions Act 1968, in section 34 (exemption...
Solicitors Act 1974 (c. 47)
5.(1) Section 22 of the Solicitors Act 1974 (preparation of...
House of Commons Disqualification Act 1975 (c. 24)
6.In Part III of Schedule 1 to the House of...
Restrictive Trade Practices Act 1976 (c. 34)
7.In Schedule 3 to the Restrictive Trade Practices Act 1976...
Copyright, Designs and Patents Act 1988 (c. 48)
8.(1) The Copyright, Designs and Patents Act 1988 is amended...
Tribunals and Inquiries Act 1992 (c. 53)
9.In Part I of Schedule 1 to the Tribunals and...
SCHEDULE 5
Repeals and revocations