Trade Marks (Amendment) Act 1984 (repealed 31.10.1994)

Section 15 U.K.

10 (1) Section 15 (words used as name or description of an article or substance not to invalidate registration of a mark) shall be modified as follows.

(2) In subsection (1), for the words “an article or substance” where they occur immediately before the proviso there shall be substituted the words “some activity:” and the following shall be substituted for the proviso— “Provided that, if it is proved that there is a well-known and established use of the word or words as the name or description of some activity by a person or persons providing services which include that activity, not being use in relation to services with the provision of which the proprietor or a registered user of the mark is connected in the course of business, the provisions of subsection (2) below shall have effect.”.

(3) In subsection (2)—

(a) the words “paragraph (a) or (b) of” shall be omitted;

(b) in paragraph (a), for the words “article or substance in question or of any goods of the same description” there shall be substituted the words “activity in question”;

(c) in paragraph (b) for the words “article or substance in question and of any goods of the same description” there shall be substituted the words “activity in question” and for the words “that article or substance and any goods of the same description” there shall be substituted the words “that activity”; and

(d) in paragraph (c), for the words “article or substance in question or to any goods of the same description” there shall be substituted the words “activity in question” and the words “paragraph (a) of” and the words after “established” shall be omitted.

(4) Subsection (3) shall be omitted.