Trade Marks (Amendment) Act 1984
| Jurisdiction | UK Non-devolved |
| Citation | 1984 c. 19 |
| Year | 1984 |
(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.(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In consequence of the preceding provisions of this section, the Act of 1938 shall have effect, in cases where it applies otherwise than by virtue of the preceding provisions of this section, with the amendments specified in Schedule 2 to this Act. in section 2 (no action for infringement of unregistered mark) the words “goods as the goods of another person” shall be omitted ;in section 68 (interpretation) , after subsection (2) there shall be inserted the following subsections—
- “(2A) For the purposes of this Act goods and services are associated with each other if it is likely that those goods might be sold or otherwise traded in those services might be provided by the same business and so with descriptions of goods and descriptions of services.
- (2B) References in this Act to a near resemblance of marks are references to a resemblance so near as to be likely to deceive or cause confusion.
- (a) in relation to services to which the proprietor of the mark or a registered user conforming to the permitted use has applied the mark, where the purpose and effect of the use of the mark is to indicate, in accordance with the fact, that those services have been performed by the proprietor or a registered user of the mark; or
- (b) in relation to services the provision of which is connected in the course of business with the proprietor or a registered user of the mark, where the proprietor or registered user has at any time expressly or impliedly consented to the use of the mark; or
- (c) in relation to services available for use with other services in relation to which the mark has been used without infringement of the right given by registration or might for the time being be so used, if—
- (i) the use of the mark is reasonably necessary in order to indicate that the services are available for such use, and
- (ii) neither the purpose nor the effect of the use of the mark is to indicate otherwise than in accordance with the fact a connection in the course of business between any person and the provision of those services.
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