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Trade Marks Act 1994

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Changes over time for: Section 41

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Changes to legislation:

Trade Marks Act 1994, Section 41 is up to date with all changes known to be in force on or before 11 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

41 Registration: supplementary provisions.U.K.

(1)Provision may be made by rules as to—

(a)the division of an application for the registration of a trade mark into several applications;

[F1(aa)the division of a registration of a trade mark into several registrations;]

(b)the merging of separate applications or registrations;

(c)the registration of a series of trade marks.

(2)A series of trade marks means a number of trade marks which resemble each other as to their material particulars and differ only as to matters of a non-distinctive character not substantially affecting the identity of the trade mark.

(3)Rules under this section may include provision as to—

(a)the circumstances in which, and conditions subject to which, division, merger or registration of a series is permitted, and

(b)the purposes for which an application [F2or registration] to which the rules apply is to be treated as a single application [F2or registration] and those for which it is to be treated as a number of separate applications [F2or registrations].

Textual Amendments

F1S. 41(1)(aa) inserted (14.1.2019) by The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 20(2) (with Pt. 5)

F2Words in s. 41(3)(b) inserted (14.1.2019) by The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 20(3) (with Pt. 5)

Commencement Information

I1S. 41 wholly in force at 31.10.1994; s. 41 not in force at Royal Assent see s. 109; s. 41(1)(3) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 41 not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

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