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United Kingdom legislation
Trade Marks Act 1994
Act of Parliament
Parliament of the United Kingdom
Long title
An Act to make new provision for registered trade marks, implementing Council Directive No. 89/104/EEC of 21st December 1988 to approximate the laws of the Member States relating to trade marks; to make provision in connection with Council Regulation (EC) No. 40/94 of 20th December 1993 on the Community trade mark; to give effect to the Madrid Protocol Relating to the International Registration of Marks of 27th June 1989, and to certain provisions of the Paris Convention for the Protection of Industrial Property of 20th March 1883, as revised and amended; and for connected purposes.
Citation
1994 c. 26
Territorial extent
England and Wales
Scotland
Northern Ireland
Isle of Man
Dates
Royal assent
21 July 1994
Other legislation
Repeals/revokes
Trade Marks Act 1938
Trade Marks (Amendment) Act 1984
Status: Current legislation
Text of the Trade Marks Act 1994 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
United Kingdom legislation
Trade Marks Act 1938
Act of Parliament
Parliament of the United Kingdom
Long title
An Act to consolidate the Trade Marks Act 1905, the Trade Marks Act, 1919, and the Trade Marks (Amendment) Act, 1937.
Citation
1 & 2 Geo. 6. c. 22
Territorial extent
England and Wales
Scotland
Northern Ireland
Isle of Man
Dates
Royal assent
13 April 1938
Repealed
31 October 1994
Other legislation
Repealed by
Trade Marks Act 1994
Status: Repealed
Text of statute as originally enacted
The Trade Marks Act 1994 (c. 26) is the law governing trade marks within the United Kingdom and the Isle of Man. It implements EU Directive No. 89/104/EEC (The Trade Marks Directive) which forms the framework for the trade mark laws of all EU member states, and replaced an earlier law, the Trade Marks Act 1938 (1 & 2 Geo. 6. c. 22).[1] Although the UK's trade mark regime covers the Isle of Man, it does not extend to the Channel Islands which have their own trade mark registers.
The Act provides both civil and criminal law sanctions for the misuse of registered trade marks.
Section 93 of the Act makes enforcement of the criminal sanctions the duty of the local Weights and Measures Authority (usually the Trading Standards department) and imports enforcement powers from the Trade Descriptions Act.
Similar criminal law provisions are written into the related Copyright Designs and Patents Act.
The UK Patent Office, which deals with trade mark registration, has recently implemented a national intelligence database, TellPat, which is available to enforcement officers.
^Jones, Stephen; Smith, Robert (27 March 1991). "Putting trade mark law in touch with commerce". Law Society Guardian Gazette. 88 (12) – via Lexis.
and 22 Related for: Trade Marks Act 1994 information
The TradeMarksAct1994 (c. 26) is the law governing trademarks within the United Kingdom and the Isle of Man. It implements EU Directive No. 89/104/EEC...
is written as "trademark" (as in the TradeMarksAct1994), not "trademark". The owners of a trademark can legally defend their mark against infringements...
comprehensive trademark system in the world was passed into law in 1857. The TradeMarksAct 1938 of the United Kingdom changed the system, permitting registration...
formal registration (under the Copyright, Designs and Patents Act 1988 and TradeMarksAct1994 in the UK, for instance). This is typically the position in...
unregistered mark). Passing off is a common law cause of action, whereas statutory law such as the United Kingdom TradeMarksAct1994 provides for enforcement...
trademarks, confusing customers and tarnishing its image pursuant to the TradeMarksAct1994. Although Victoria's Secret attempted to raise a number of defences...
copy without permission?". The Conversation. Retrieved 2022-11-09. "TradeMarksAct1994". Retrieved 2023-08-08. Prosser, William L. (1959). "Injurious Falsehood:...
Retrieved 22 July 2011.[permanent dead link] IPO (18 August 2011). "TradeMarksAct1994, Court case hearing" (PDF). London. Archived (PDF) from the original...
Retirement Act 1993 c. 8 Legal Deposit Libraries Act 2003 c. 28 National Health Service and Community Care Act 1990 c. 19 TradeMarksAct1994 c. 26 Legal...
not deemed to be "affixed" to the product under the terms of the TradeMarksAct1994. "The History of The FA". www.thefa.com. Retrieved 29 September 2021...
goods can be met by criminal sanctions under section 92 of the UK TradeMarksAct1994, with a potential penalty of up to 10 years in prison. It is worth...
The Trade Expansion Act of 1962 (Pub. L.Tooltip Public Law (United States) 87–794, 76 Stat. 872, enacted October 11, 1962, codified at 19 U.S.C. ch. 7)...
situations where a trade-mark is confusing: 6.(2) The use of a trade-mark causes confusion with another trade-mark if the use of both trade-marks in the same...
the Trade-marksAct requires that the subject matter in question be a "trade-mark" as defined in section 2 of the Trade-marksAct. A "trade-mark" is defined...
under UK copyright law." Whilst arrested under Section 92 of the TradeMarksAct1994, he was released pending further investigation with no charges filed...
composed by Bill Whelan, it originated as an interval act during the Eurovision Song Contest 1994, featuring Irish dancing champions Jean Butler, Michael...
trilateral trade bloc in North America. The agreement came into force on January 1, 1994, and superseded the 1988 Canada–United States Free Trade Agreement...
series. 57 acts of Parliament were passed in 1994: 41 public general acts and 16 local acts. indicates that an act is available to view at legislation.gov...
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