Patents, Designs and Marks Act 1986

Trade Marks (Amendment) Act 1984 (c.19)

9 The following subsection shall be inserted after section 2(3) of the Trade Marks (Amendment) Ad 1984 (extent)—

“(4) This Act shall extend to the Isle of Man subject to any exceptions, adaptations or modifications contained in an Order made by Her Majesty in Council.”.

10 In paragraph 14(2)(6) of Schedule 1 to that Act (modifications of [1938 c. 22.] Trade Marks Act 1938 in application to service marks) for the words from " the words ", in the first place where that phrase occurs, to " in relation to " there shall be substituted the words " paragraphs (i) and (ii) and the words following them there shall be substituted— ".

11 After paragraph 18 of that Schedule there shall be inserted—

“Section 38

18A Section 38 and Schedule 2 (Sheffield marks) shall be omitted.

Section 39

18B Section 39 (trade marks for textile goods) shall be omitted.

Section 39A

18C In section 39A (registration of trade marks following overseas application)—

(a) in subsection (2), for the word "A" there shall be substituted the words " Subject to subsection (2A) below, a" ;

(b) the following subsection shall be inserted after that subsection—

“(2A) Where an application for protection for a service mark was made in a relevant country before the date on which the [1984 c. 19.] Trade Marks (Amendment) Act 1984 came into force, a service mark registered on an application under this section shall be registered as of that date.”;

(c) the following subsection shall be substituted for subsection (8)—

“(8) If a country is not a dependent territory, an Order in Council under this section may only be made in relation to it—

(a) with a view to the fulfilment of a treaty, convention, arrangement or engagement; or

(b) if Her Majesty is satisfied that provision has been or will be made under the laws of that country whereby priority for the protection of service marks in respect of which application for registration under this Act has been made will be given on a basis comparable to that for which provision is made by this section in relation to applications for registration made in a relevant country.”.”.

12 In paragraph 25(3) of Schedule 1 to that Act (modification of [1938 c. 22.] Trade Marks Act 1938 in application to service marks) after the last word " services" there shall be inserted the words " or otherwise in relation to services ".