Trade Marks Act(CHAPTER 332)
Table of Contents
Long Title
Part I PRELIMINARY
1 Short title
2 Interpretation
3 Appointment of Registrar
Register of trade marks
4 Register of trade marks
5 Division of register
6 Trust not to be entered in register
7 Inspection of and extract from register
Part II REGISTRATION OF TRADE MARKS
8 Registered United Kingdom trade marks
9 Particular goods
10 Trade marks registrable in Part A
11 Application for registration
12 Registration of trade marks in Part B
13 Power to treat application for registration in Part A as application for registration in Part B
14 Coloured trade marks
15 Restriction on registration
16 Words used as name or description of an article or substance
17 Address for service
18 Advertisement of application
19 Opposition to registration
20 Disclaimers
21 Date of registration
22 Non-completion of registration
Identical trade marks
23 Identical trade marks
24 Rival claims to identical trade marks
25 Concurrent user
26 Association of trade marks
27 Combined trade marks
28 Series of trade marks
29 Assignment and user of associated trade marks
30 Registered users
Part III ISSUE OF CERTIFICATE
31 Certificate of registration
Renewal of registration
32 Duration of registration
33 Exclusion of enemy occupation period
34 Renewal of registration
35 Procedure on expiry of period of registration
36 Status of unrenewed trade marks
Correction and rectification of register
37 Correction of register
38 Alteration of registered trade mark
39 Rectification of register
40 Provisions as to non-use of trade mark
41 Defensive trade marks
42 Assignment and transmission of trade marks
43 Registration of assignments
Part IV EFFECT OF REGISTRATION
44 Powers of registered proprietor
45 Effect of registration in Part A of register
46 Effect of registration in Part B of register
47 Registration prima facie evidence of validity
48 Registration conclusive after 7 years
49 Unregistered trade mark
50 Infringement
51 Infringement of trade mark by breach of certain restrictions
52 User of name, address or description of goods
53 "Passing off" action
Part V LEGAL PROCEEDINGS
54 Certificate of validity in legal proceedings
55 Registrar to have notice of proceeding for rectification
Costs
56 Costs of proceedings before court
Evidence
57 Mode of giving evidence
58 Sealed copies to be evidence
59 Certificate of Registrar to be evidence
60 Discretionary powers
61 Rectification of register
Part VI GENERAL
62 Exercise of discretionary power of Registrar
63 Appeal from Registrar
64 Recognition of agents
65 Preliminary advice by Registrar as to distinctiveness
66 Power to make rules
67 Fees
68 Certification trade marks
69 Offences
70 Counterfeiting a trade mark used by another
71 What constitutes counterfeiting a trade mark
72 Making or possession of any instrument for counterfeiting a trade mark
73 Importing or selling, etc., goods marked with a counterfeit trade mark
74 Representation on trade marks of Arms or Flag prohibited, etc.
75 International arrangements
76 Use of trade mark for export trade, and use where form of trade connection changes
Legislative History