Trade Marks Act 1994 (Commencement) Order 1994

JurisdictionUK Non-devolved
CitationSI 1994/2550
Year1994

1994 No. 2550 (C.52)

TRADE MARKS

The Trade Marks Act 1994 (Commencement) Order 1994

Made 29th September 1994

The Secretary of State, in exercise of the powers conferred upon him by section 109 of the Trade Marks Act 19941, hereby makes the following Order:—

S-1 This Order may be cited as the Trade Marks Act 1994...

1. This Order may be cited as the Trade Marks Act 1994 (Commencement) Order 1994.

S-2 All the provisions of the Trade Marks Act 1994 (“ the Act ”)...

2. All the provisions of the Trade Marks Act 1994 (“the Act”) shall come into force on 31st October 1994; and, accordingly, for the purposes of subsection (2) of the said section 109, that date shall be the date of commencement in respect of the references to commencement of the Act in Schedules 3 and 4 to the Act (transitional provisions and consequential amendments).

S-3 The provisions of the Act specified in the Schedule to this...

3.—(1) The provisions of the Act specified in the Schedule to this Order shall come into force forthwith for the purpose only of enabling the making of subordinate legislation thereunder, by the authority shown in relation to those provisions, expressed to come into force on 31st October 1994.

(2) Section 66(1) (power of registrar to require use of forms and give directions as to their use) and section 80(1) and (3) (power of the registrar to give directions as to the hours of business and business days) of the Act shall come into force forthwith for the purpose of enabling the registrar to exercise his powers thereunder, the same being effective on 31st October 1994.

Ian Taylor

Parliamentary Under-Secretary of State for Trade and Technology,

Department of Trade and Industry

29th September 1994

SCHEDULE

SCHEDULE

Provision and Authority

Subject-matter

Rules by the Secretary of State under the following provisions, as read with (except in the case of items (u) and (cc)(i) and (iv) below) paragraph (a) or (b), or both, as appropriate, of subsection (1) of section 782

(a) section 4(4)

Prohibiting the registration of a trade mark which consists of arms to which a person is entitled by virtue of a grant of arms by the Crown

(b) section 13(2)

Providing for the publication and entry in the register of a disclaimer or limitation with repsect to the registration of a trade mark

(c) section 25(1), (5) and (6)

Prescribing the particulars of transactions affecting registered trade marks to be entered in the register; providing for amendments to, or removal of registered particulars relating to licences or to a security interest

(d) section 34(1)

Prescribing the system of classification of trade marks

(e) section 35(5)

Providing for the manner of claiming a right to priority on the basis of a Convention application

(f) section 38(1) and (2)

Prescribing the manner of publication of an application for registration, the time within which, and the manner in which, notice of opposition to the registration must be given

(g) section 39(3)

Providing for the publication of amendments of applications for registration

(h) section 40(4)

Prescribing the manner of publication of the registration of a trade mark

(i) section 41(1) and (3)

Providing as to division or merging of an application for registration and the registration of a series of trade marks

(j) section 43(2), (3), (5) and (6)

Providing for informing the proprietor of the date of expiry of the registration; prescribing the period for the payment of the renewal fee; providing for the restoration of a trade mark to the register and the manner of publication of the renewal or restoration of the registration

(k) section 44(3)

Providing for the publication of any alteration of a registered trade mark and for the making of objections thereto by persons affected

(l) section 45(2)

Providing for the manner of surrender of a registered trade mark and for protecting interests of other persons having a right therein

(m) section 63(2) and (3)

Prescribing the particulars of registrable transactions to be entered in the register and the manner in which the register shall be kept...

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