Trade Marks Act 1938

REGISTRATION, INFRINGEMENT AND OTHER SUBSTANTIVE PROVISIONS.

1The register of trade marks

Effect of registration and the action for infringement

2No action for infringement of unregistered trade mark

3Registration to be in respect of particular goods

4Right given by registration in Part A, and infringement thereof

5Right given by registration in Part B, and infringement thereof

6Infringement by breach of certain restrictions

7Saving for vested rights

8Saving for use of name, address, or description of goods

Registrability and validity of registration

9Distinctiveness requisite for registration in Part A

10Capability of distinguishing requisite for registration in Part B

11Prohibition of registration of deceptive, and c., matter

12Prohibition of registration of identical and resembling trade marks

13Registration in Part A to be conclusive as to validity after seven years

14Registration subject to disclaimer

15Words used as name or description of an article or substance

16Effect of limitation as to colour, and of absence thereof

Procedure far, and duration of, registration

17Application for registration

18Opposition to registration

20Duration and renewal of registration

21Registration of parts of trade marks and of trade marks as a series

Assignment and transmission

22Powers of, and restrictions on, assignment and transmission

23Certain trade marks to be associated so as to be assignable and transmissible as a whole only

24Power of registered proprietor to assign and give receipts

25Registration of assignments and transmissions

Use and non-uses

26Removal from register and imposition of limitations on ground of non-use

27Defensive registration of well known trade marks

28Registered users

29Proposed use of trade mark by corporation to be constituted, and c

30Use of one of associated or substantially identical trade marks equivalent to use of another

31Use of trade mark for export trade

Rectification and correction of the register

32General power to rectify entries in register

33Power to expunge or vary registration for breach of condition

34Correction of register

35Alteration of registered trade mark

36Adaptation of entries in register to amended or substituted classification of goods

Certification trade marks

37Certification trade marks

Sheffield marks

38Sheffield marks

Manchester Branch

39Trade marks for textile goods

GENERAL AND MISCELLANEOUS.

40Power of Board of Trade to make rules

Powers and duties of Registrar

42Preliminary advice by Registrar as to distinctiveness

43Hearing before exercise of Registrar's discretion

44Power of Registrar to award costs

45Annual reports of Registrar

Legal proceedings and appeals

46Registration to be prima facie evidence of validity

47Certificate of validity

48Costs of Registrar in proceedings before Court, and payment of costs by Registrar

49Trade usage, and c. to be considered

50Registrar's appearance in proceedings involving rectification

51Court's power to review Registrar's decision

52Discretion of Court in appeals

53Procedure on appeal to Board of Trade

54Procedure in cases of option to apply to Court or Registrar

55Mode of giving evidence

56Evidence of orders, and c. of Board of Trade

57Evidence of entries in register

58Evidence of things done by Registrar

Offences and restraint of use of Royal Arms

59Falsification of entries in register a misdemeanour

60Fine for falsely representing a trade mark as registered

61Restraint of use of Royal Arms, and c

62Change of form of trade connection not to be deemed to cause deception

63Jointly owned trade marks

64Trusts and equities

65Recognition of agents

66Saving for jurisdiction of courts in Scotland, Northern Ireland and Isle of Man

67Exercise of powers of Board of Trade

68Interpretation

69Transitional provisions

70Repeal and savings

71Short title, commencement and extent

FIRST SCHEDULECertification Trade Marks

1(1) An application for the registration of a mark under...

2(1) When an application has been accepted, the Registrar shall,...

3(1) The regulations deposited in respect of a certification trade...

4(1) The Board of Trade may, on the application in...

5Notwithstanding anything in section forty-four of this Act, the Registrar...

6The following provisions of this Act shall not have effect...

SECOND SCHEDULESheffield Marks

1The Cutlers' Company shall continue to keep at Sheffield the...

2An application by a person carrying on business in Hallamshire,...

3An application for the registration of a trade mark made...

4The Registrar shall consider an application notified to him as...

5Within the prescribed time after receipt of a notice of...

6The Registrar shall consider any arguments, proposals or observations notified...

7Where the Registrar refuses authorisation to proceed with an application,...

8Upon the registration of a trade mark in the Sheffield...

9The provisions of this Act and of the rules with...

10When the Registrar receives an application for the registration of...

11Any person aggrieved by a decision of the Cutlers' Company...

12(1) For the purposes of this Schedule the expression "...

13A certificate purporting to be under the hand of the...

THIRD SCHEDULETransitional Provisions

Validity of registrations under previous Acts

1(1) Subject to the provisions of this paragraph and of...

Assignments and transmissions (before appointed day) giving exclusive rights in different places in the United Kingdom

2(1) The validity of an assignment or transmission of a...

Saving as to retrospective provisions relating to assignments and transmissions

3The retrospective provisions contained in section twenty-two of this Act,...

Association of trade marks assignable or transmissible as a whole only under the Trade Marks Act, 1919

4Where immediately before the appointed day a trade mark was...

Previous use of a trade mark by person becoming registered user on application made within one year of appointed day

5Where a person is registered as a registered user of...

Use of trade mark for export trade before appointed day

6Section thirty-one of this Act shall be deemed to have...

Trade marks registered under section sixty-two of the Trade Marks Act, 1905, to be deemed to have been registered under section thirty-seven of this Act

7Section thirty-seven of this Act shall have effect, in relation...

Cotton marks registered before appointed day

8No registration as of a date before the appointed day...

Trade Marks Act 1938

1938 Chapter 22

An Act to consolidate the Trade Marks Act, 1905, the Trade Marks Act, 1919, and the Trade Marks (Amendment) Act, 1937.

[13th April 1938.]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—