The Trade Marks and Service Marks (Relevant Countries) (Amendment) Order 1987

Statutory Instruments

1987 No. 170

TRADE MARKS

The Trade Marks and Service Marks (Relevant Countries) (Amendment) Order 1987

Made

10th February 1987

Laid before Parliament

18th February 1987

Coming into force

11th March 1987

At the Court at Buckingham Palace, the 10th day of February 1987

Present

The Queen’s Most Excellent Majesty in Council.

Whereas Her Majesty is satisfied that provision has been or will be made under the laws of Belgium, Brazil, the Federal Republic of Germany (and Berlin (West)), Luxembourg and the Netherlands (including Aruba and the Netherlands Antilles) whereby priority for the protection of service marks in respect of which application for registration under the Trade Marks Act 1938(1) has been made will be given on a basis comparable to that for which provision is made by section 39A of that Act(2) in relation to applications for registration made in a relevant country (as defined in that section):

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 39A(7) of the said Act, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.  This Order may be cited as the Trade Marks and Service Marks (Relevant Countries) (Amendment) Order 1987 and shall come into force on 11th March 1987.

2.  Schedule 2 to the Trade Marks and Service Marks (Relevant Countries) Order 1986(3) shall be amended by the inclusion of references to Belgium, Brazil, the Federal Republic of Germany (and Berlin (West)), Luxembourg and the Netherlands (including Aruba and the Netherlands Antilles).

G.I. de Deney

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order adds Belgium, Brazil, the Federal Republic of Germany (and Berlin (West)), Luxembourg and the Netherlands (including Aruba and the Netherlands Antilles) to the list of countries specified as those in which an application for the registration of a service mark will give priority in respect of an application made in the United Kingdom within the following six months.

(1)

1938 c. 22; the Act was applied, with modifications, to service marks by the Trade Marks (Amendment) Act 1984 (c. 19), section 1, as amended by the Patents, Designs and Marks Act 1986 (c. 39), section 2(1) and Schedule 3.

(2)

Section 39A was added by the Patents, Designs and Marks Act 1986 (c. 39), Schedule 2, paragraph 5, and is applied to service marks by the Trade Marks (Amendment) Act 1984 (c. 19), section 1(2) and Schedule 1, paragraph 18C, as respectively substituted and inserted by the Patents, Designs and Marks Act 1986, section 2(1)(a) and Schedule 2, paragraph 11.

(3)

S.I. 1986/1303, amended by S.I. 1986/1890, 1986/2236.