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Patents, Designs and Marks Act 1986

Consolidated Text As Enacted Cited authorities 47 Cited in Related
Vincent
Year1986


Patents, Designs and MarksAct 1986

1986 CHAPTER 39

An Act to amend the enactments relating to the registers of trade marks, designs and patents so as to enable them to be kept otherwise than in documentary form and so as to give the enactments due effect in relation to any portion of a register not kept in documentary form; to make amendments of the Trade Marks Act 1938 in relation to the use of the Royal Arms and other devices, emblems and titles and in relation to the protection of trade marks and service marks for whose protection application has been made overseas; to make other amendments of the Trade Marks Act 1938 in its application to service marks and amendments of other Acts in relation to such marks; and for connected purposes.

[18th July 1986]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Registers of trade marks, designs and patents— computerisation etc.

1 Registers of trade marks, designs and patents— computerisation etc.

1. 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.

S-2 Service marks etc.

2 Service marks etc.

(1) In section 1 of the Trade Marks (Amendment) Act 1984—

(a ) the following subsections shall be substituted for subsections (1) and (2)—

(1) Subject to subsection (2) below, the Trade Marks Act 1938 shall have effect with respect to service marks as it has effect with respect to trade marks (references to goods having effect as references to services).

(2) The Act of 1938 shall have effect in relation to service marks as mentioned in Schedule 1 to this Act.’; and

(b ) the following subsection shall be substituted for subsection (7)—

(7) In this Act ‘service mark’ means a mark (including a device, name, signature, word, letter, numeral, or any combination thereof) used or proposed to be used in relation to services for the purpose of indicating, or so as to indicate, that a particular person is connected, in the course of business, with the provision of those services, whether with or without any indication of the identity of that person.’.

(2) Subject to any Order made after the passing of this Act by virtue of subsection (1)(a ) of section 3 of the Northern Ireland Constitution Act 1973 of that section be treated as specified in Schedule 3 to that Act.

(3) The enactments mentioned in Schedule 2 to this Act shall have effect subject to the amendments there specified.

S-3 Repeals.

3 Repeals.

(1) 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.

(2) 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.

S-4 Short title, extent and commencement.

4 Short title, extent and commencement.

(1) This Act may be cited as the Patents, Designs and Marks Act 1986 .

(2) The amendment or repeal of any enactment by this Act has the same extent as that enactment.

(3) Subject to subsection (2) above, this Act extends to Northern Ireland.

(4) The following provisions of this Act shall extend to the Isle of Man, subject to any exceptions, adaptations or modifications contained in an Order made by Her Majesty in Council—

(a ) section 1 so far as it relates to paragraphs 1 and 2 of Schedule 1;

(b ) section 2(1);

(c ) 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;

(d ) section 3(1) so far as it relates to the Trade Marks Act 1938 ;

(e ) section 3(2); and

(f ) this section.

(5) 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 .

(6) 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.

(7) 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.

S C H E D U L E S

SCHEDULE 1

Computerisation

Trade Marks Act 1938 (c. 22)

Trade Marks Act 1938 (c. 22)

SCH-1.1

1. The following section shall be substituted for section 1 of the Trade Marks Act 1938—

SCH-1.1 ‘Register of trade marks etc.

1 ‘Register of trade marks etc.

(1) The Comptroller-General of Patents, Designs and Trade Marks (in this Act referred to as ‘the Registrar’) shall maintain the register of trade marks, in which shall be entered—

(a ) all registered trade marks with the names and addresses of their proprietors;

(b ) notifications of assignments and transmissions;

(c ) the names and addresses of all registered users;

(d ) disclaimers, conditions and limitations; and

(e ) such other matters relating to registered trade marks as may be prescribed.

(2) The register shall continue to be divided into two parts called respectively Part A and Part B.

(3) The register need not be kept in documentary form.

(4) Subject to any rules under this Act, the public shall have a right to inspect the register at the Patent Office at all convenient times.

(5) Any person who applies for a certified copy of an entry in the register or a certified extract from the register shall be entitled to obtain such a copy or extract on payment of a fee prescribed in relation to certified copies and extracts; and the rules may provide that any person who applies for an uncertified copy or extract shall be entitled to such a copy or extract on payment of a fee prescribed in relation to uncertified copies and extracts.

(6) Applications under subsection (5) above or rules made by virtue of that subsection shall be made in such manner as may be prescribed.

(7) In relation to any portion of the register kept otherwise than in documentary form—

(a ) the right of inspection conferred by subsection (4) above is a right to inspect the material on the register; and

(b ) the right to a copy or extract conferred by subsection (5) above or the rules is a right to a copy or extract in a form in which it can be taken away and in which it is visible and legible.

(8) A certificate purporting to be signed by the Registrar and certifying that any entry which he is authorised by this Act or rules to make has or has not been made, or that any other thing which he is so authorised to do has or has not been done, shall be prima facie evidence, and in Scotland shall be sufficient evidence, of the matters so certified.

(9) A copy of an entry in the register or an extract from the register which is supplied under subsection (5) above and purports to be a certified copy or certified extract shall, subject to subsection (10) below, be admitted in evidence without further proof and without production of any original; and in Scotland such evidence shall be sufficient evidence.

(10) In the application of this section to England and Wales nothing in it shall be taken as detracting from section 69 or 70 of the Police and Criminal Evidence Act 1984 or any provision made by virtue of either of them.

(11) In this section ‘certified copy’ and ‘certified extract’ mean a copy and extract certified by the Registrar and sealed with the seal of the Patent Office.’.

SCH-1.2

2. The words ‘name or address’ shall be substituted for the words ‘name, address or description’ in subsection (1)(a ) and (b ) and subsection (2) of section 34 of that Act (correction of register).

Registered Designs Act 1949 (c. 88)

SCH-1.3

3. The following section shall be substituted for section 17 of the Registered Designs Act 1949—

SCH-1.17 ‘Register of designs etc.

17 ‘Register of designs etc.

(1) The registrar shall maintain the register of designs, in which shall be entered—

(a ) the names and addresses of proprietors of registered designs;

(b ) notices of assignments and of transmissions of registered designs; and

(c ) such other matters as may be prescribed or as the registrar may think fit.

(2) No notice of any trust, whether express, implied or constructive, shall be entered in the register of designs, and the registrar shall not be affected by any such notice.

(3) The register need not be kept in documentary form.

(4) Subject to the provisions of this Act and to rules made by the Secretary of State under it, the public shall have a right to inspect the register at the Patent Office at all convenient times.

(5) Any person who applies for a certified copy of an entry in the register or a certified extract from the register shall be entitled to...

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