87 Privilege for communications with registered trade mark agents.U.K.
(1)This section applies to[F1—
(a)]communications as to any matter relating to the protection of any design or trade mark, or as to any matter involving passing off[F2, and
(b)documents, material or information relating to any matter mentioned in paragraph (a).]
[F3(2)Where a trade mark attorney acts for a client in relation to a matter mentioned in subsection (1), any communication, document, material or information to which this section applies is privileged from disclosure in like manner as if the trade mark attorney had at all material times been acting as the client's solicitor.]
(3)In subsection (2) “trade mark [F4attorney]” means—
(a)a registered trade mark [F4attorney], or
(b)a partnership entitled to describe itself as a firm of registered trade mark [F5attorneys], or
(c)[F6any other unincorporated body or ]a body corporate entitled to describe itself as a registered trade mark [F4attorney] [F7or]
[F8(d)a person whose name appears on the list of professional representatives for trade mark matters maintained by the European Union Intellectual Property Office referred to in Article 120 of the European Union Trade Mark Regulation.]
[F9(4)Where a trade mark attorney is a person falling within subsection (3)(d), subsection (2) applies as if the reference to a matter mentioned in subsection (1) were a reference to a matter relating to the protection of a trade mark.]
Textual Amendments
F1Words in s. 87(1) renumbered as s. 87(1)(a) (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 113(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)
F2S. 87(1)(b) and word inserted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 113(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)
F3S. 87(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 113(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)
F4Word in s. 87(3) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 113(d)(i) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)
F5Word in s. 87(3) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 113(d)(ii) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)
F6Words in s. 87(3)(c) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 184(6), 211(2) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(f)(i)
F7Word in s. 87(3)(c) inserted (31.12.2020) by The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/269), reg. 1(1), Sch. 3 para. 12(2) (with Sch. 5 para. 7(1)(1A), 8) (as amended by S.I. 2020/1637, regs. 1(6), 3, S.I. 2020/1661, regs. 1(2)(b), 12, 16(2) and (26.11.2021) by S.I. 2021/1235, regs. 3, 4); 2020 c. 1, Sch. 5 para. 1(1)
F8S. 87(3)(d) inserted (31.12.2020) by The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/269), reg. 1(1), Sch. 3 para. 12(3) (with Sch. 5 para. 7(1)(1A), 8) (as amended by S.I. 2020/1637, regs. 1(6), 3, S.I. 2020/1661, regs. 1(2)(b), 12, 16(2) and (26.11.2021) by S.I. 2021/1235, regs. 3, 4); 2020 c. 1, Sch. 5 para. 1(1)
F9S. 87(4) inserted (31.12.2020) by The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/269), reg. 1(1), Sch. 3 para. 12(4) (with Sch. 5 para. 7(1)(1A), 8) (as amended by S.I. 2020/1637, regs. 1(6), 3, S.I. 2020/1661, regs. 1(2)(b), 12, 16(2) and (26.11.2021) by S.I. 2021/1235, regs. 3, 4); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1S. 87 applied (with modifications) (14.8.1996) by S.I. 1996/1908, reg. 5