Trade Marks (Amendment) Act 1984

Section 22

3(1)Section 22 (assignability and transmissibility of trade marks) shall be amended as follows.

(2)In subsection (4)—

(a)for the words "the same goods or description of goods" there shall be substituted the words—

“(a)the same goods,

(b)the same description of goods, or

(c)goods and services or descriptions of goods and services which are associated with each other”;

(b)for the words " and of the trade marks" there shall be substituted the words " or the association of the goods and services or description of goods and services and to the similarity of the trade marks ";

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(3)In subsection (5), for the words " the goods and " there shall be substituted the words " the goods or the association of the goods and services or descriptions of goods and services and to the similarity ".

(4)In subsection (6), in the words before the proviso, for the words following " by registration " there shall be substituted the words—

“(a)an exclusive right in one of the persons concerned to the use of the mark limited to use in relation to goods to be sold, or otherwise traded in, in a place or places in the United Kingdom; and

(b)an exclusive right in another of the persons concerned to the use of a mark identical with or nearly resembling the mark referred to in paragraph (a) above in relation to—

(i)the same goods,

(ii)the same description of goods or

(iii)services which are associated with those goods or goods of that description,

limited to use in relation to goods to be sold, or otherwise traded in, or services for use or available for acceptance, in another place or places in the United Kingdom ;”.