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Trade Marks Act 1994
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Changes over time for: Section 52
Version Superseded: 14/01/2019
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52 Power to make provision in connection with [F1European Union] Trade Mark Regulation.U.K.
(1)The Secretary of State may by regulations make such provision as he considers appropriate in connection with the operation of the [F2European Union] Trade Mark Regulation.
(2)Provision may, in particular, be made with respect to—
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the procedures for determininga posteriori the invalidity, or liability to revocation, of the registration of a trade mark from which a [F2European Union] trade mark claims seniority;
(c)the conversion of a [F2European Union] trade mark, or an application for a [F2European Union] trade mark, into an application for registration under this Act;
(d)the designation of courts in the United Kingdom having jurisdiction over proceedings arising out of the [F2European Union] Trade Mark Regulation.
(3)Without prejudice to the generality of subsection (1), provision may be made by regulations under this section—
(a)applying in relation to a [F2European Union] trade mark the provisions of—
[F4(i)sections 21 to 21F (unjustified threats);]
(ii)sections 89 to 91 (importation of infringing goods, material or articles); and
(iii)sections 92, 93, 95 and 96 (offences); and
(b)making in relation to the list of professional representatives maintained in pursuance of [F5Article 93] of the [F2European Union] Trade Mark Regulation, and persons on that list, provision corresponding to that made by, or capable of being made under, sections 84 to 88 in relation to the register of [F6trade mark attorneys and registered trade mark attorneys].
[F7(3A) The reference in subsections (1) and (2)(d) to the European Union Trade Mark Regulation includes a reference to Council Regulation (EC) No 40/94 of 20th December 1993 on the Community trade mark . ]
(4)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subordinate Legislation Made
P1S. 52 power fully exercised (23.7.1996): 14.8.1996 appointed day by S.I. 1996/1908
Textual Amendments
F1Words in s. 52 heading substituted (6.4.2016) by The European Union Trade Mark Regulations 2016 (S.I. 2016/299), regs. 1(1), 5(2) (with regs. 13, 14)
F2Words in s. 52(1)-(3) substituted (6.4.2016) by The European Union Trade Mark Regulations 2016 (S.I. 2016/299), regs. 1(1), 5(3) (with regs. 13, 14)
F3S. 52(2)(a) omitted (6.4.2016) by virtue of The European Union Trade Mark Regulations 2016 (S.I. 2016/299), regs. 1(1), 5(4) (with regs. 13, 14)
F4S. 52(3)(a)(i) substituted (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 2(3), 8; S.I. 2017/771, reg. 2(1)(b) (with reg. 3)
F5Words in s. 52(3)(b) substituted (6.4.2016) by The European Union Trade Mark Regulations 2016 (S.I. 2016/299), regs. 1(1), 5(5) (with regs. 13, 14)
F6Words in s. 52(3)(b) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 110 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)
F7S. 52(3A) inserted (6.4.2016) by The European Union Trade Mark Regulations 2016 (S.I. 2016/299), regs. 1(1), 5(6) (with regs. 13, 14)
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