Trade Marks (Amendment) Act 1984 (repealed 31.10.1994)
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Change 1
SCHEDULE 2 AMENDMENTS OF TRADE MARKS ACT 1938 IN APPLICATION TO TRADE MARKS FOR GOODS
Section 1(4). Section 4 1 In section 4(1) (right given by registration in Part A), for the words from “a mark identical” to “in the course of trade” there shall be substituted the words “ in the course of trade a mark identical with or nearly resembling it, ”. Section 12 2 (1) Section 12 (prohibition of registration of identical and nearly resembling trade marks) shall be amended as follows. (2) In subsection (1), for the words from “a trade mark belonging” to the end there shall be substituted the words or nearly resembles a mark belonging to a different proprietor and already on the register in respect of— (a) the same goods, (b) the same description of goods, or (c) services or a description of services which are associated with those goods or goods of that description. (3) In subsection (2), for the words from “of trade marks” to “proprietor” there shall be substituted the words by more than one proprietor, in respect of— (a) the same goods, (b) the same description of goods, or (c) goods and services or descriptions of goods and services which are associated with each other, of marks that are identical or nearly resemble each other, . (4) In subsection (3), for the words from “trade marks” to “description of goods” there shall be substituted the words marks that are identical or nearly resemble each other, in respect of— (a) the same goods, (b) the same description of goods, or (c) goods and services or descriptions of goods and services which are associated with each other, . Section 22 3 (1) Section 22 (assignability and transmissibility of trade marks) shall be amended as follows. (2) In subsection (4)— (a) for the words “the same goods or descriptions of goods” there shall be substituted the words— (a) the same goods, (b) the same description of goods, or (c) goods and services or description of goods and services which are associated with each other ; (b) for the words “and of the trade marks” there shall be substituted the words “ or the association of the goods and services or description of goods and services and to the similarity of the trade marks ”. (3) In subsection (5), for the words “the goods and” there shall be substituted the words “ the goods or the association of the goods anf services or descriptions of goods and services and to the similarity ”. (4) In subsection (6), in the words before the proviso, for the words following “by registration” there shall be substituted the words— (a) an exclusive right in one of the persons concerned to the use of the mark limited to use in relation to goods to be sold, or otherwise traded in, in a place or places in the United Kingdom ; and (b) an exclusive right in another of the persons concerned to the use of a mark identical with or nearly resembling the mark referred to in paragraph (a) above in relation to— (i) the same goods, (ii) the same description of goods or (iii) services which are associated with those goods or goods of that description, limited to use in relation to goods to be sold, or otherwise traded in, or services for use or available for acceptance, in another place or places in the United Kingdom ; . Section 23 4 Section 23 (certain trade marks to be associated) shall be amended by the insertion, after subsection (2), of the following subsection— (2A) Where there is an identically or near resemblance of marks that are registred, or are the subject of applications for registration, in the name of the same proprietor in respect of goods and in respect of services which are associated with those goods or goods of that description, subsection (2) applies as it applies where there is an identically or near resemblance of marks that are registered, or are the subject of applications for registration, in the name of the same proprietor in respect of the same goods or description of goods. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
SCHEDULE 2 AMENDMENTS OF TRADE MARKS ACT 1938 IN APPLICATION TO TRADE MARKS FOR GOODS
Section 1(4). Section 4 1 In section 4(1) (right given by registration in Part A), for the words from “a mark identical” to “in the course of trade” there shall be substituted the words “ in the course of trade a mark identical with or nearly resembling it, ”. Section 12 2 (1) Section 12 (prohibition of registration of identical and nearly resembling trade marks) shall be amended as follows. (2) In subsection (1), for the words from “a trade mark belonging” to the end there shall be substituted the words or nearly resembles a mark belonging to a different proprietor and already on the register in respect of— (a) the same goods, (b) the same description of goods, or (c) services or a description of services which are associated with those goods or goods of that description. (3) In subsection (2), for the words from “of trade marks” to “proprietor” there shall be substituted the words by more than one proprietor, in respect of— (a) the same goods, (b) the same description of goods, or (c) goods and services or descriptions of goods and services which are associated with each other, of marks that are identical or nearly resemble each other, . (4) In subsection (3), for the words from “trade marks” to “description of goods” there shall be substituted the words marks that are identical or nearly resemble each other, in respect of— (a) the same goods, (b) the same description of goods, or (c) goods and services or descriptions of goods and services which are associated with each other, . Section 22 3 (1) Section 22 (assignability and transmissibility of trade marks) shall be amended as follows. (2) In subsection (4)— (a) for the words “the same goods or descriptions of goods” there shall be substituted the words— (a) the same goods, (b) the same description of goods, or (c) goods and services or description of goods and services which are associated with each other ; (b) for the words “and of the trade marks” there shall be substituted the words “ or the association of the goods and services or description of goods and services and to the similarity of the trade marks ”. (3) In subsection (5), for the words “the goods and” there shall be substituted the words “ the goods or the association of the goods anf services or descriptions of goods and services and to the similarity ”. (4) In subsection (6), in the words before the proviso, for the words following “by registration” there shall be substituted the words— (a) an exclusive right in one of the persons concerned to the use of the mark limited to use in relation to goods to be sold, or otherwise traded in, in a place or places in the United Kingdom ; and (b) an exclusive right in another of the persons concerned to the use of a mark identical with or nearly resembling the mark referred to in paragraph (a) above in relation to— (i) the same goods, (ii) the same description of goods or (iii) services which are associated with those goods or goods of that description, limited to use in relation to goods to be sold, or otherwise traded in, or services for use or available for acceptance, in another place or places in the United Kingdom ; . Section 23 4 Section 23 (certain trade marks to be associated) shall be amended by the insertion, after subsection (2), of the following subsection— (2A) Where there is an identically or near resemblance of marks that are registred, or are the subject of applications for registration, in the name of the same proprietor in respect of goods and in respect of services which are associated with those goods or goods of that description, subsection (2) applies as it applies where there is an identically or near resemblance of marks that are registered, or are the subject of applications for registration, in the name of the same proprietor in respect of the same goods or description of goods. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
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