Part IVU.K. Miscellaneous and general provisions

MiscellaneousU.K.

99 Unauthorised use of Royal arms, &c.U.K.

(1)A person shall not without the authority of Her Majesty use in connection with any business the Royal arms (or arms so closely resembling the Royal arms as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorised to use the Royal arms.

(2)A person shall not without the authority of Her Majesty or of a member of the Royal family use in connection with any business any device, emblem or title in such a manner as to be calculated to lead to the belief that he is employed by, or supplies goods or services to, Her Majesty or that member of the Royal family.

(3)A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(4)Contravention of subsection (1) or (2) may be restrained by injunction in proceedings brought by—

(a)any person who is authorised to use the arms, device, emblem or title in question, or

(b)any person authorised by the Lord Chamberlain to take such proceedings.

(5)Nothing in this section affects any right of the proprietor of a trade mark containing any such arms, device, emblem or title to use that trade mark.

[F199AReproduction of trade marks in dictionaries, encyclopaedias etc.U.K.

(1)Subsection (2) applies if the reproduction of a trade mark in a dictionary, encyclopaedia or similar reference work, in print or electronic form, gives the impression that it constitutes the generic name of the goods or services for which the trade mark is registered.

(2)The publisher of the work must, at the request in writing of the proprietor of the trade mark, ensure that the reproduction of the trade mark is accompanied by an indication that it is a registered trade mark.

(3)The action required by subsection (2) must be taken—

(a)without delay, and

(b)in the case of works in printed form, at the latest in the next edition of the publication.

(4)If the publisher fails to take any action required by subsection (2) the court may, on an application by the proprietor—

(a)order the publisher to take the action concerned;

(b)if the work is in printed form, order the publisher to erase or amend the reproduction of the trade mark or secure the destruction of copies of the work in the publisher’s possession, custody or control; or

(c)grant such other order as the court in the circumstances considers appropriate.]

100 Burden of proving use of trade mark.U.K.

If in any civil proceedings under this Act a question arises as to the use to which a registered trade mark has been put, it is for the proprietor to show what use has been made of it.

101 Offences committed by partnerships and bodies corporate.U.K.

(1)Proceedings for an offence under this Act alleged to have been committed by a partnership shall be brought against the partnership in the name of the firm and not in that of the partners; but without prejudice to any liability of the partners under subsection (4) below.

(2)The following provisions apply for the purposes of such proceedings as in relation to a body corporate—

(a)any rules of court relating to the service of documents;

(b)in England and Wales or Northern Ireland, Schedule 3 to the M1Magistrates’ Courts Act 1980 or Schedule 4 to the M2Magistrates’ Courts (Northern Ireland) Order 1981 (procedure on charge of offence).

(3)A fine imposed on a partnership on its conviction in such proceedings shall be paid out of the partnership assets.

(4)Where a partnership is guilty of an offence under this Act, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, is also guilty of the offence and liable to be proceeded against and punished accordingly.

(5)Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

InterpretationU.K.

102 Adaptation of expressions for Scotland.U.K.

In the application of this Act to Scotland—

• “account of profits” means accounting and payment of profits;

• “accounts” means count, reckoning and payment;

• “assignment” means assignation;

• “costs” means expenses;

• “declaration” means declarator;

• “defendant” means defender;

• “delivery up” means delivery;

• “injunction” means interdict;

• “interlocutory relief” means interim remedy; and

• “plaintiff” means pursuer.

103 Minor definitions.U.K.

(1)In this Act—

• “business” includes a trade or profession;

• “director”, in relation to a body corporate whose affairs are managed by its members, means any member of the body;

• “infringement proceedings”, in relation to a registered trade mark, includes proceedings under section 16 (order for delivery up of infringing goods, &c.);

• “publish” means make available to the public, and references to publication—

  (a)

  in relation to an application for registration, are to publication under section 38(1), and

  (b)

  in relation to registration, are to publication under section 40(4);

• “statutory provisions” includes provisions of subordinate legislation within the meaning of the M3Interpretation Act 1978;

• “trade” includes any business or profession.

(2)References in this Act to use (or any particular description of use) of a trade mark, or of a sign identical with, similar to, or likely to be mistaken for a trade mark, include use (or that description of use) otherwise than by means of a graphic representation.

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

104 Index of defined expressions.U.K.

In this Act the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated—

Other general provisionsU.K.

105 Transitional provisions.U.K.

The provisions of Schedule 3 have effect with respect to transitional matters, including the treatment of marks registered under the M4Trade Marks Act 1938, and applications for registration and other proceedings pending under that Act, on the commencement of this Act.

106 Consequential amendments and repeals.U.K.

(1)The enactments specified in Schedule 4 are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.

(2)The enactments specified in Schedule 5 are repealed to the extent specified.

107 Territorial waters and the continental shelf.U.K.

(1)For the purposes of this Act the territorial waters of the United Kingdom shall be treated as part of the United Kingdom.

(2)This Act applies to things done in the United Kingdom sector of the continental shelf on a structure or vessel which is present there for purposes directly connected with the exploration of the sea bed or subsoil or the exploitation of their natural resources as it applies to things done in the United Kingdom.

(3)The United Kingdom sector of the continental shelf means the areas designated by order under section 1(7) of the M5Continental Shelf Act 1964.

108 Extent.U.K.

(1)This Act extends to England and Wales, Scotland and Northern Ireland.

(2)This Act also extends to the Isle of Man, subject to such exceptions and modifications as Her Majesty may specify by Order in Council; and subject to any such Order references in this Act to the United Kingdom shall be construed as including the Isle of Man.

109 Commencement.U.K.

(1)The provisions of this Act come into force on such day as the Secretary of State may appoint by order made by statutory instrument.

Different days may be appointed for different provisions and different purposes.

(2)The references to the commencement of this Act in Schedules 3 and 4 (transitional provisions and consequential amendments) are to the commencement of the main substantive provisions of Parts I and III of this Act and the consequential repeal of the Trade Marks Act 1938.

Provision may be made by order under this section identifying the date of that commencement.

110 Short title.U.K.

This Act may be cited as the Trade Marks Act 1994.