Patents, Designs and Marks Act 1986

PART I References to Trade Marks to Include References to Service Marks

1 (1) 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.

(2) The provisions to which this paragraph applies are—

(a) in the [1947 c. 44.] Crown Proceedings Act 1947 (including that Act as it applies in Northern Ireland in relation to the Crown in right of Her Majesty's Government in the United Kingdom and in right of Her Majesty's Government in Northern Ireland), subsections (1) and (3) of section 3 (provisions as to industrial property);

(b) in the [1961 c. 31.] Printer's Imprint Act 1961, subsection (1) of section 1. (relaxation of requirements as to printer's imprint etc.);

(c) in the [1970 c. 10.] Income and Corporation Taxes Act 1970, section 132 (deduction of fees and expenses);

(d) in the [1971 c. 62.] Tribunals and Inquiries Act 1971, paragraph 22 of Schedule 1 (tribunals under general supervision of Council on Tribunals);

(e) in the [1977 c. 37.] Patents Act 1977—

(i) subsection (2) of section 19 (general power to amend application for patent before grant) ;

(ii) subsection (4) of section 27 (general power to amend specification after grant of patent);

(iii) subsection (7) of section 123 (publication of reports of cases);

(f) in the [1977 c. 50.] Unfair Contract Terms Act 1977, paragraph 1(c) of Schedule 1 (scope of sections 2 to 4 and 7 of Act);

(g) in the [1978 c. 33.] State Immunity Act 1978, section 7 (liability of States as respects proceedings relating to intellectual property etc.);

(h) the definition of " intellectual property " in subsection (5) of section 72 of the [1981 c. 54.] Supreme Court Act 1981, subsection (5) of section 15 of the [1985 c. 72.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 and subsection (5) of section 94A of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978 (all relating to the withdrawal of privilege against incrimination of self or spouse in certain proceedings) ;

(i) in the Supreme Court Act 1981, paragraph 1 of Schedule 1 (causes and matters assigned to Chancery Division);

(j) in the [1982 c. 27.] Civil Jurisdiction and Judgments Act 1982, paragraph 2 of Schedule 5 (proceedings excluded from Schedule 4 to that Act) and paragraphs 2(14) and 4(2) of Schedule 8 (rules as to jurisdiction in Scotland) ;

(k) in the [1985 c. 6.] Companies Act 1985—

(i) subsection (1) (J) of section 396 and subsection (4)(c) of section 410 (charges which have to be registered); and

(ii) Part I of Schedule 4 and Part I of Schedule 9 (form and content of company accounts and special category accounts); and

(l) in the [1960 c. 22 (N.I.).] Companies Act (Northern Ireland) 1960, subsection (2)(f) of section 93, Part I of Schedule 6 and Part I of Schedule 6A (corresponding provisions for Northern Ireland).