Trade Marks (Amendment) Act 1984

14 (1) Section 26 (removal from register and imposition of limitations on ground of non-use) shall be modified as follows.

(2) In subsection (1)—

(a) the words " Subject to the provisions of the next succeeding section " shall be omitted ; and

(b) in the proviso, for the words after "bona fide use" there shall be substituted the words

“of the mark by any proprietor thereof for the time being in relation to—

(i) services of the same description, or

(ii) goods associated with those services or services of that description,

being services or, as the case may be, goods in respect of which the mark is registered."”

(3) In subsection (2), for the words from the beginning to the end of paragraph (b) there shall be substituted the following—

“(2) Where in relation to any services in respect of which a mark is registered—

(a) the matters referred to in paragraph (b) of subsection (1) above are shown so far as regards non-use of the mark in relation to services for use or available for acceptance in a particular place in the United Kingdom, or for use in a country or territory outside the United Kingdom; and

(b) a person has been permitted under subsection (2) of section 12 of this Act to register an identical or nearly-resembling mark in respect of those services under a registration extending to use in relation to services for use or available for acceptance in that place or for use in that country or territory, or the tribunal is of opinion that he might properly be permitted so to register such a mark;”.

(4) In subsection (3), for the words " that is shown to have been due to special circumstances in the trade " there shall be substituted the words " in relation to particular services that is shown to have been due to special circumstances affecting the provision of those services ".