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Introductory Text
REGISTRATION, INFRINGEMENT AND OTHER SUBSTANTIVE PROVISIONS.
The register
1.The register of trade marks
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 infringement 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, and 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 far, 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-uses
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, and 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
GENERAL AND MISCELLANEOUS.
Rules and fees
40.Power of Board of Trade to make rules
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, and 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, and c. of Board of Trade
57.Evidence of entries in register
58.Evidence of things done by Registrar
Offences and restraint of use of Royal Arms
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, and 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
65.Recognition of agents
66.Saving for jurisdiction of courts in Scotland, Northern Ireland and Isle of Man
67.Exercise of powers of Board of Trade
Supplemental
68.Interpretation
69.Transitional provisions
70.Repeal and savings
71.Short title, commencement and extent
SCHEDULES
FIRST SCHEDULE
Certification 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...
5.Notwithstanding anything in section forty-four of this Act, the Registrar...
6.The following provisions of this Act shall not have effect...
SECOND SCHEDULE
Sheffield Marks
1.The Cutlers' Company shall continue to keep at Sheffield the...
2.An application by a person carrying on business in Hallamshire,...
3.An application for the registration of a trade mark made...
4.The Registrar shall consider an application notified to him as...
5.Within the prescribed time after receipt of a notice of...
6.The Registrar shall consider any arguments, proposals or observations notified...
7.Where the Registrar refuses authorisation to proceed with an application,...
8.Upon the registration of a trade mark in the Sheffield...
9.The provisions of this Act and of the rules with...
10.When the Registrar receives an application for the registration of...
11.Any person aggrieved by a decision of the Cutlers' Company...
12.(1) For the purposes of this Schedule the expression "...
13.A certificate purporting to be under the hand of the...
THIRD SCHEDULE
Transitional 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
3.The 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
4.Where 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
5.Where a person is registered as a registered user of...
Use of trade mark for export trade before appointed day
6.Section 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
7.Section thirty-seven of this Act shall have effect, in relation...
Cotton marks registered before appointed day
8.No registration as of a date before the appointed day...