Patents, Designs and Marks Act 1986
The amendments specified in Schedule 1 to this Act (which relate to computerisation of the registers there mentioned and to associated matters) shall have effect.
In section 1 of the Trade Marks (Amendment) Act 1984—
the following subsections shall be substituted for subsections (1) and (2)—; and
the following subsection shall be substituted for sub section (7)—.
Subject to any Order made after the passing of this Act by virtue of subsection (l)(a) of section 3 of the 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.
The enactments mentioned in Schedule 2 to this Act shall have effect subject to the amendments there specified.
The enactments mentioned in Part I of Schedule 3 to this Act are repealed to the extent specified in the third column of that Part of that Schedule in consequence of section 1 above and Schedule 1 to this Act.
The enactments mentioned in Part II of Schedule 3 to this Act are repealed to the extent specified in the third column of that Part of that Schedule in consequence of section 2 above and Schedule 2 to this Act.
This Act may be cited as the Patents, Designs and Marks Act 1986.
The amendment or repeal of any enactment by this Act has the same extent as that enactment.
Subject to subsection (2) above, this Act extends to Northern Ireland.
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section 1 so far as it relates to paragraphs 1 and 2 of Schedule 1;
section 2(1);
section 2(3) so far as it relates to paragraphs 1(2)(e)(i) and (ii), 2(2)(b), 3 to 7 and 9 to 12 of Schedule 2 ;
section 3(1) so far as it relates to the Trade Marks Act 1938 ;
section 3(2); and
this section.
Her Majesty may by Order in Council make provision for extending to the Isle of Man, with such exceptions, adaptations or modifications as may be specified in the Order, sections 1 and 3(1) above so far as they relate to the Registered Designs Act 1949 and the Patents Act 1977.
Section 1 above (with Schedule 1) and section 3 above, so far as it relates to Part I of Schedule 3, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed in pursuance of this subsection for different provisions or different purposes of the same provision.
Section 2 above (with Schedule 2) and section 3 above, so far as it relates to Part II of Schedule 3, shall come into force on the same day as the Trade Marks (Amendment) Act 1984; but anything done before their commencement which, if it had been done after it, would have constituted an application for the registration of a service mark shall be treated as if it had been done immediately after it.
Section 1.
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The following section shall be substituted for section 17 of the Registered Designs Act 1949—.
The following section shall be substituted for section 32 of the Patents Act 1977—.
Section 2
Any reference to a trade mark in a provision to which this paragraph applies shall include a reference to a service mark and accordingly any reference to a registered trade mark includes a reference to a registered service mark. The provisions to which this paragraph applies are—
Any reference to the Trade Marks Act 1938 in a provision to which this paragraph applies shall include a reference to that Act as it has effect by virtue of section 1 of the Trade Marks (Amendment) Act 1984. The provisions to which this paragraph applies are—
In subsection (1) of section 19 of the Trade Marks Act 1938 (registration) after the word “registered”, in the second place where it occurs, there shall be inserted the words “, subject to section 39A(2) below,”.
being goods or, as the case may be, services in respect of which the mark is registered.
goods of the same description ; or
services associated with those goods or goods of that description,
The following section shall be inserted after section 39 of that Act—.
In section 61 of that Act (restraint of use of Royal Arms etc.) for the words “or supplies goods to” there shall be substituted the words “supplies goods to or provides services for”.
The Patents, Designs, Copyright and Trade Marks (Emergency) Act 1939 shall have effect with respect to service marks as it has effect with respect to trade marks, except that in the application of that Act to service marks it shall have effect as if the following section were substituted for section 3 (power of comptroller to suspend trade mark rights of an enemy or an enemy subject)—.
In paragraph 4(2) of Schedule 3 to the Restrictive Trade Practices Act 1976 (excepted agreements—trade marks)—
in paragraph (a) after “certification trade mark)” there shall be inserted “or of a service mark”; and
in paragraph (b)—
after “6(1)” there shall be inserted “or 11(2)”;
after “7(1)” there shall be inserted “or 12(2)”;
after “is to be applied” there shall be insertedor .
The following subsection shall be inserted after section 2(3) of the Trade Marks (Amendment) Act 1984 (extent)—.
In paragraph 14(2)(b) of Schedule 1 to that Act (modifications of Trade Marks Act 1938 in application to service marks) for the words from “the words”, in the first place where that phrase occurs, to “in relation to” there shall be substituted the words “paragraphs (i) and (ii) and the words following them there shall be substituted—”
After paragraph 18 of that Schedule there shall be inserted—.
In paragraph 25(3) of Schedule 1 to that Act (modification of Trades Marks Act 1938 in application to service marks) after the last word “services” there shall be inserted the words “or otherwise in relation to services”.
Section 3.
Chapter Short title Extent of repeal 1 & 2 Geo. 6 c. 22. Trade Marks Act 1938. Sections 57 and 58. 12, 13 & 14 Geo. 6 c. 88. Registered Designs Act 1949. Section 24. 1977 c. 37. Patents Acts 1977. Section 35.
Chapter Short title Extent of repeal 7 Edw. 7 c. 29. Patents and Designs Act 1907. Sections 88, 91 and 91A. 4 & 5 Geo. 5 c. 18. Patents and Designs Act 1914. The whole Act. 18 & 19 Geo. 5 c. 3. Patents and Designs (Convention) Act 1928. The whole Act. 1 & 2 Geo. 6. c. 22. Trade Marks Act 1938. In section 19(1), the proviso. 1 & 2 Geo. 6. c. 29. Patents &c. (International Conventions) Act 1938. The whole Act. 12, 13 & 14 Geo. 6 c. 62. Patents and Designs Act 1949. The whole Act. 1984 c. 19. Trade Marks (Amendment) Act 1984. Section 1(3). In section 2(3), the words “and the Isle of Man”. In Schedule 1, paragraphs 1 and 21. In Schedule 2, paragraph 5 and the heading preceding it.