Legal Services Act 2007

Trade Marks Act 1994 (c. 26) E+W+S

109 E+W+S The Trade Marks Act 1994 is amended in accordance with paragraphs 110 to 115.

110 E+W+S In section 52 (power to make provision in connection with Community trade mark regulation), in subsection (3)(b) for “trade mark agents and registered trade mark agents” substitute “ trade mark attorneys and registered trade mark attorneys ”.

111 E+W+S In section 84 (unregistered persons not to be described as registered trade mark agents)—

(a) in subsection (1)—

(i) for “agent” (in the first place) substitute “ attorney ”,

(ii) in paragraph (a) after “agent”” insert “ or registered trade mark attorney ”, and

(iii) in paragraph (b) after “agent” insert “ or a registered trade mark attorney ”,

(b) in subsection (2)—

(i) in paragraph (a) after “agent”” insert “ or registered trade mark attorney ”, and

(ii) in paragraph (b) after “agents”” insert “ or registered trade mark attorneys ”, and

(c) in subsection (3)—

(i) in paragraph (a) after “agent”” insert “ or registered trade mark attorney ”, and

(ii) in paragraph (b) after “agent” insert “ or a registered trade mark attorney ”.

112 E+W+S In section 86 (use of the term “trade mark attorney”) in subsection (1) for “agent” substitute “ attorney ”.

113 E+W+S In section 87 (privilege for communications with registered trade mark agents)—

(a) in subsection (1), after “to” (in the first place) insert “—

(a)  ”,

(b) at the end of that subsection insert “, and

(b) documents, material or information relating to any matter mentioned in paragraph (a).”,

(c) for subsection (2) substitute—

“(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.”, and

(d) in subsection (3)—

(i) for “agent” (in each place) substitute “ attorney ”, and

(ii) for “agents” substitute “ attorneys ”.

114 E+W+S In section 88 (power of registrar to refuse to deal with certain agents)—

(a) in paragraph (b) for “agents” substitute “ attorneys ”, and

(b) in paragraph (c) for “agents” substitute “ attorneys ”.

115 E+W+S In section 104 (index of defined expressions, in the entry for “registered trade mark agent”—

(a) for “agent” substitute “ attorney ”, and

(b) for “(1)” substitute “ (2) ”.