Trade Marks Act 1938 (repealed 31.10.1994)
Trade Marks Act 1938 (repealed 31.10.1994) (1938 c. 22)
- Trade Marks Act 1938 (repealed 31.10.1994) (1938 c. 22)
- Registration, Infringement and other Substantive Provisions
- The register
- 1 Register of trade marks etc.
- Effect of registration and the action for infringement
- 2 No action for infringement of unregistered trade mark.
- 3 Registration to be in respect of particular goods.
- 4 Right given by registration in Part A, and infringement thereof.
- 5 Right given by registration in Part B, and infringment thereof.
- 6 Infringement by breach of certain restrictions.
- 7 Saving for vested rights.
- 8 Saving for use of name, address, or description of goods.
- Registrability and validity of registration
- 9 Distinctiveness requisite for registration in Part A.
- 10 Capability of distinguishing requisite for registration in Part B.
- 11 Prohibition of registration of deceptive, &c., matter.
- 12 Prohibition of registration of identical and resembling trade marks.
- 13 Registration in Part A to be conclusive as to validity after seven years.
- 14 Registration subject to disclaimer.
- 15 Words used as name or description of an article or substance.
- 16 Effect of limitation as to colour, and of absence thereof.
- Procedure for, and duration of, registration
- 17 Application for registration.
- 18 Opposition to registration.
- 19 Registration.
- 20 Duration and renewal of registration.
- 21 Registration of parts of trade marks and of trade marks as a series.
- Assignment and transmission
- 22 Powers of, and restrictions on, assignment and transmission.
- 23 Certain trade marks to be associated so as to be assignable and transmissible as a whole only.
- 24 Power of registered proprietor to assign and give receipts.
- 25 Registration of assignments and transmissions.
- Use and non-use
- 26 Removal from register and imposition of limitations on ground of non-use.
- 27 Defensive registration of well known trade marks.
- 28 Registered users.
- 29 Proposed use of trade mark by corporation to be constituted, &c.
- 30 Use of one of associated or substantially identical trade marks equivalent to use of another.
- 31 Use of trade mark for export trade.
- Rectification and correction of the register
- 32 General power to rectify entries in register.
- 33 Power to expunge or vary registration for breach of condition.
- 34 Correction of register.
- 35 Alteration of registered trade mark.
- 36 Adaptation of entries in register to amended or substituted classification of goods.
- Certification trade marks
- 37 Certification trade marks.
- Sheffield marks
- 38 Sheffield marks.
- Manchester Branch
- 39 Trade marks for textile goods.
- 39A Registration of trade mark following overseas application.
- General and Miscellaneous
- Rules and fees
- 40 Power of Board of Trade to make rules.
- 40A Hours of business and excluded days.
- 41 Fees.
- Powers and duties of Registrar
- 42 Preliminary advice by Registrar as to distinctiveness.
- 43 Hearing before exercise of Registrar’s discretion.
- 44 Power of Registrar to award costs.
- 45 Annual reports of Registrar.
- Legal proceedings and appeals
- 46 Registration to be prima facie evidence of validity.
- 47 Certificate of validity.
- 48 Costs of Registrar in proceedings before Court, and payment of costs by Registrar.
- 49 Trade usage, &c. to be considered.
- 50 Registrar’s appearance in proceedings involving rectification.
- 51 Court’s power to review Registrar’s decision.
- 52 Discretion of Court in appeals.
- 53 Procedure on appeal to Board of Trade.
- 54 Procedure in cases of option to apply to Court or Registrar.
- Evidence
- 55 Mode of giving evidence.
- 56 Evidence of orders, &c. of Board of Trade.
- 57, 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Offences and restraint of use of Royal Arms
- 58A Fraudulent application or use of trade mark an offence.
- 58B Delivery up of offending goods and material.
- 58C Order as to disposal of offending goods or material.
- 58D Enforcement of section 58A.
- 59 Falsification of entries in register a misdemeanour.
- 60 Fine for falsely representing a trade mark as registered.
- 61 Restraint of use of Royal Arms, &c.
- Miscellaneous
- 62 Change of form of trade connection not to be deemed to cause deception.
- 63 Jointly owned trade marks.
- 64 Trusts and equities.
- 64A Recognition of agents.
- 65 Saving for jurisdiction of courts in Scotland, Northern Ireland and Isle of Man.
- 66 Interpretation.
- 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Supplemental
- 68 Transitional provisions.
- 69 Repeal and savings.
- 71 Short title and extent.
- SCHEDULES
- FIRST SCHEDULE Certification Trade Marks
- SECOND SCHEDULE Sheffield Marks
- THIRD SCHEDULE Transitional Provisions
- Validity of registrations under previous Acts
- Assignments and transmissions (before appointed day) giving exclusive rights in different places in the United Kingdom
- Saving as to retrospective provisions relating to assignments and transmissions
- Association of trade marks assignable or transmissible as a whole only under the Trade Marks Act, 1919
- Previous use of a trade mark by person becoming registered user on application made within one year of appointed day
- Use of trade mark for export trade before appointed day
- Trade marks registered under section sixty-two of the Trade Marks Act 1905,
- Cotton marks registered before appointed day
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