Trade Marks (Amendment) Act 1984

1 Application of Trade Marks Act 1938 to service marks.

(1) Subject to subsection (2) below, the [1938 c. 22.] Trade Marks Act 1938 shall have effect with respect to the registration and use of marks falling within subsection (3) below as it has effect with respect to the registration and use of trade marks.

(2) In the application by virtue of subsection (1) above of the Act of 1938 in relation to marks falling within subsection (3) below, that Act shall have effect with the modifications specified in Schedule 1 to this Act.

(3) A mark falls within this subsection if it is a mark used or proposed to be used in relation to services for the purpose of indicating, or so as to indicate, that a particular person is connected, in the course of business, with the provision of those services, whether with or without any indication of the identity of that person.

(4) In consequence of the preceding provisions of this section, the Act of 1938 shall have effect, in cases where it applies otherwise than by virtue of the preceding provisions of this section, with the amendments specified in Schedule 2 to this Act.

(5) The Act of 1938 shall be further amended as follows—

(a) in section 2 (no action for infringement of unregistered mark) the words " goods as the goods of another person " shall be omitted ;

(b) in section 68 (interpretation), after subsection (2) there shall be inserted the following subsections—

“(2A) For the purposes of this Act goods and services are associated with each other if it is likely that those goods might be sold or otherwise traded in and those services might be provided by the same business, and so with descriptions of goods and descriptions of services.

(2B) References in this Act to a near resemblance of marks are references to a resemblance so near as to be likely to deceive or cause confusion.”.

(6) In the application by virtue of subsection (1) above of section 7 of the Act of 1938 (restrictions on exclusive right conferred by registration) the references in that section to the use of the mark by a person's predecessors in title shall, as respects use before this Act comes into force, be construed as references to use by any predecessor of his in business.

(7) In this Act—

• " mark ", except in the expression " trade mark ", includes a device, name, signature, word, letter, numeral, or any combination thereof; and

• " trade mark " has the same meaning as in the Act of 1938.