Trade Marks Act 1994

Renewal of an expired IR(EU): territorial extension under Article 3ter(2)

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• (1) This paragraph applies where the protection in the European Union of an expired IR(EU) resulted from a request for territorial extension under Article 3ter(2).

• (2) The relevant date for the purposes of determining the date of renewal of the registration of the comparable trade mark (IR) which derives from the expired IR(EU) (the “relevant renewal date”) shall be—

• (a) the date of expiry of the period of ten years from the date on which the request for territorial extension was recorded in the International Register; or

• (b) where the international registration to which the expired IR(EU) is subject has been renewed since the date referred to in paragraph (a), the anniversary of that date, computed by reference to periods of ten years, following the last renewal of the registration prior to the date of the renewal notice (the “notice date”).

• (3) Where the relevant renewal date of a comparable trade mark (IR) falls prior to the notice date, the registrar must, as soon as reasonably practicable following receipt of a renewal notice, renew the registration of the comparable trade mark (IR) which derives from the expired IR(EU).

• (4) Where the relevant renewal date of a comparable trade mark (IR) falls before the expiry of the period of six months beginning with the notice date, sub-paragraphs (5) and (6) apply (and accordingly section 43(1) to (3A) does not apply).

• (5) The registration of the comparable trade mark (IR) may be renewed at the request of the proprietor before the relevant renewal date.

• (6) Where the registration of the comparable trade mark (IR) is not renewed in accordance with sub-paragraph (5)—

• (a) on, or as soon as reasonably practicable after, the relevant renewal date, the registrar must notify the proprietor that the registration of the comparable trade mark (IR) has expired and of the manner in which registration may be renewed; and

• (b) a request for renewal must be made within a period of six months beginning with the date of the notice.

• (7) If a request for renewal is made in respect of only some of the goods or services for which the comparable trade mark (IR) is registered, the registration is to be renewed for those goods or services only.

• (8) A comparable trade mark (IR) which is renewed under sub-paragraph (3) or pursuant to a request for renewal in accordance with sub-paragraph (5) or (6) shall be renewed for a period of ten years from the relevant renewal date (and accordingly, section 43(4) does not apply).

• (9) Where sub-paragraphs (5) and (6) apply to the renewal of the registration of a comparable trade mark (IR) and the registration is not renewed in accordance with those provisions, the registrar must remove the comparable trade mark (IR) from the register.

• (10) Section 43(6) applies to the registration of a comparable trade mark (IR) which is renewed in accordance with this paragraph.

• (11) Where a comparable trade mark (IR) is removed from the register pursuant to sub-paragraph (9), the rules relating to the restoration of the registration of a trade mark (referred to in section 43(5)) apply in relation to the restoration of the comparable trade mark (IR) to the register.

• (12) Where the relevant renewal date of a comparable trade mark (IR) falls on or after the expiry of the period of six months beginning with the notice date, section 43 applies to the renewal of the registration of the comparable trade mark (IR) and references to the expiry of the registration are to be treated as references to the relevant renewal date of the comparable trade mark (IR).

PART 3 — Applications for the extension of protection of international registrations to the European Union which are pending on IP completion day

Interpretation

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• (1) In this Part—

• (a) references to an “existing ITM application” are to an international application which contains a request for extension of the protection resulting from an international registration to the European Union under Article 3ter(1) in respect of which the conditions in sub-paragraph (2) are satisfied;

• (b) references to an “existing request for EU extension” are to a request for extension to the European Union of the protection resulting from an international registration made subsequent to the international registration pursuant to Article 3ter(2) in respect of which the conditions in sub-paragraph (3) are satisfied;

• (c) references to an “international application” are to an application to the International Bureau under Article 2(2) for the registration of a trade mark in the International Register.

• (2) The conditions referred to in sub-paragraph (1)(a) are—

• (a) the international application was filed before IP completion day with the Office of origin in accordance with Article 2(2); and

• (b) as at the time immediately before IP completion day, the request for extension of protection to the European Union mentioned in the international application has been neither granted nor refused by the European Union Intellectual Property Office.

• (3) The conditions referred to in sub-paragraph (1)(b) are—

• (a) the request for extension of protection to the European Union was filed before IP completion day with the Office of origin or the International Bureau (as the case may be) in accordance with Rule 24(2); and

• (b) as at the time immediately before IP completion day, the request for extension of protection to the European Union has been neither granted nor refused by the European Union Intellectual Property Office under the European Union Trade Mark Regulation.

• (4) In sub-paragraphs (2)(b) and (3)(b) —

• (a) the reference to the request for extension of protection to the European Union being “granted” means the European Union Intellectual Property Office having sent to the International Bureau a statement to the effect that protection is granted to the mark in the European Union in accordance with Rule 18ter; and

• (b) the reference to the request for extension of protection to the European Union being “refused” means the European Union Intellectual Property Office having sent to the International Bureau a notification of refusal in accordance with Article 5(1) or (2) which refusal has not been subsequently `withdrawn.

Application for registration under this Act based upon an existing ITM application or an existing request for EU extension recorded in the International Register prior to IP completion day

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• (1) This paragraph applies where—

• (a) either—

• (i) an existing ITM application has been filed with the International Bureau in respect of a trade mark and the date accorded to the international registration of the trade mark pursuant to Article 3(4) is a date prior to IP completion day; or

• (ii) an existing request for EU extension in respect of a trade mark has been filed with the International Bureau and the date on which it was recorded in the International Register pursuant to Article 3ter(2) is a date prior to IP completion day;

• (b) the person who filed the existing ITM application or (as the case may be) the existing request for EU extension, or a successor in title of that person, applies for registration of the same trade mark under this Act for some or all of the same goods or services, and

• (c) the application under this Act is made within a period beginning with IP completion day and ending with the end of the period referred to in sub-paragraph (4).

• (2) Where this paragraph applies, the relevant date for the purposes of establishing which rights take precedence is the earliest of—

• (a) the date accorded to the international trade mark the subject of the existing ITM application pursuant to Article 3(4) or, in the case of an existing request for EU extension, the date on which the request was recorded in the International Register pursuant to Article 3ter(2);

• (b) the date of priority (if any) accorded pursuant to a right of priority claimed pursuant to Article 4 of the Paris Convention in respect of the existing ITM application or the existing request for EU extension (as the case may be).

• (3) The registrability of the trade mark the subject of an application under this Act of the type mentioned in sub-paragraph (1)(b) and made within the period mentioned in sub-paragraph (1)(c) shall not be affected by any use of the mark in the United Kingdom which commenced in the period between the date referred to in sub-paragraph (2) and the date of the application under this Act.

• (4) In sub-paragraph (1)(c), the period referred to is the period of nine months beginning with the day after that on which IP completion day falls.

• (5) A right of priority claimed pursuant to Article 4 of the Paris Convention in respect of an existing request for EU extension is to be disregarded for the purposes of sub-paragraph (2)(b) unless the existing request for EU extension was recorded in the International Register within a period of six months beginning with the day after the priority date recorded in the International Register in respect of the international application for protection of the trade mark which is the same as the one in respect of which the existing request for EU extension was filed.

Application for registration under this Act based upon an existing ITM application or an existing request for EU extension recorded in the International Register on or after IP completion day

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• (1) This paragraph applies where—

• (a) either—

• (i) an existing ITM application has been filed with the International Bureau in respect of a trade mark and the date accorded to the international registration of the trade mark pursuant to Article 3(4) is a date on or after IP completion day; or

• (ii) an existing request for EU extension in respect of a trade mark has been filed with the International Bureau and the date on which it was recorded in the International Register pursuant to Article 3ter(2) is a date on or after IP completion day;

• (b) the person who filed the existing ITM application or (as the case may be) the existing request for EU extension, or a successor in title of that person, applies for registration of the same trade mark under this Act for some or all of the same goods or services; and

• (c) the application under this Act is made within the period of nine months beginning with the date referred to in sub-paragraph (a)(i) or (ii) (as the case may be).

• (2) Where this paragraph applies, the relevant date for the purposes of establishing which rights take precedence is the earliest of—

• (a) the date accorded to the international trade mark the subject of the existing ITM application pursuant to Article 3(4) or, in the case of an existing request for EU extension, the date on which the request was recorded in the International Register pursuant to Article 3ter(2);

• (b) the date of priority (if any) accorded pursuant to a right of priority claimed pursuant to Article 4 of the Paris Convention in respect of the existing ITM application or the existing request for EU extension (as the case may be).

• (3) The registrability of the trade mark the subject of an application under this Act of the type mentioned in sub-paragraph (1)(b) and made within the period mentioned in sub-paragraph (1)(c) shall not be affected by any use of the mark in the United Kingdom which commenced in the period between the date referred to in sub-paragraph (2) and the date of the application under this Act.

• (4) A right of priority claimed pursuant to Article 4 of the Paris Convention in respect of an existing request for EU extension is to be disregarded for the purposes of sub-paragraph (2)(b) unless the existing request for EU extension was recorded in the International Register within a period of six months beginning with the day after the priority date recorded in the International Register in respect of the international application for protection of the trade mark which is the same as the one in respect of which the existing request for EU extension was filed.

Right to claim seniority where seniority has been claimed by an existing ITM application or an existing request for EU extension

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• (1) Where an existing ITM application or an existing request for EU extension claims seniority of a trade mark which trade mark (“the senior mark”) is a registered trade mark or a protected international trade mark (UK), the applicant may claim seniority of the senior mark in an application for registration of a trade mark (a “relevant mark”) pursuant to this Part.

• (2) The effect of a seniority claim made pursuant to sub-paragraph (1) is that where following the registration of the relevant mark the proprietor of that mark surrenders the senior mark or allows it to lapse (wholly or partially), subject to paragraph 31, the proprietor of the relevant mark is deemed to continue to have the same rights as the proprietor would have had if the senior mark had continued to be registered in respect of all the goods or services for which it was registered prior to the surrender or lapse.

• (3) Provision may be made by rules as to the manner of claiming seniority pursuant to this paragraph.

• (4) In sub-paragraph (1), an application for registration of a trade mark “pursuant to this Part” means an application that is of the type mentioned in paragraph 28(1)(b) or 29(1)(b) and that is made within the period mentioned in paragraph 28(1)(c) or 29(1)(c) (as the case may be).

Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 30

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• (1) Where a relevant mark has claimed seniority of a registered trade mark which has been—

• (a) removed from the register under section 43; or

• (b) surrendered under section 45,

any person may apply to the registrar or to the court for the declaration set out in sub-paragraph (2).

• (2) The declaration is that, if the trade mark had not been so removed or surrendered, the registration of the trade mark would have been liable to be revoked under section 46 with effect from a date specified in the declaration or declared invalid under section 47.

• (3) Where the declaration is that had the trade mark not been so removed or surrendered, the registration of it would have been liable to be—

• (a) revoked under section 46 with effect from a date prior to—

• (i) where the application for registration of the relevant mark was based on an existing ITM application and there has been no claim of priority, the date of registration accorded pursuant to Article 3(4) to the international trade mark the subject of the existing ITM application;

• (ii) where the application for registration of the relevant mark was based on an existing request for EU extension and there has been no claim of priority, the date on which the request was recorded in the International Register pursuant to Article 3ter(2);

• (iii) where the application for registration of the relevant mark was based on an existing ITM application or an existing request for EU extension and there has been a claim of priority, the priority date accorded pursuant to a right of priority claimed pursuant to Article 4 of the Paris Convention; or

• (b) declared invalid under section 47,

the seniority claimed for the relevant mark is to be treated as if it never had effect.

• (4) Where a relevant mark has claimed seniority of a protected international trade mark (UK) which has been—

• (a) removed from the International Register; or

• (b) surrendered under the Madrid Protocol,

any person may apply to the registrar or to the court for the declaration set out in sub-paragraph (5).

• (5) The declaration is that, if the trade mark had not been so removed or surrendered, the protection of the trade mark in the United Kingdom would have been liable to be revoked under section 46 with effect from a date specified in the declaration or declared invalid under section 47.

• (6) Where the declaration is that had the trade mark not been so removed or surrendered, the registration of it would have been liable to be—

• (a) revoked under section 46 with effect from a date prior to—

• (i) where the application for registration of the relevant mark was based on an existing ITM application and there has been no claim of priority, the date of registration accorded pursuant to Article 3(4) to the international trade mark the subject of the existing ITM application;

• (ii) where the application for registration of the relevant mark was based on an existing request for EU extension and there has been no claim of priority, the date on which the request was recorded in the International Register pursuant to Article 3ter(2);

• (iii) where the application for registration of the relevant mark was based on an existing ITM application or an existing request for EU extension and there has been a claim of priority, the priority date accorded pursuant to a right of priority claimed pursuant to Article 4 of the Paris Convention; or

• (b) declared invalid under section 47,

the seniority claimed for the relevant mark is to be treated as if it never had effect.

• (7) Where the application for registration of the relevant mark was based on an existing request for EU extension a right of priority claimed pursuant to Article 35 of the European Union Trade Mark Regulation in respect of the request for EU extension is to be disregarded for the purposes of sub-paragraphs (3)(a)(iii) and (6)(a)(iii) unless the request for territorial extension was recorded in the International Register within a period of six months beginning with the day after the priority date recorded in the International Register in respect of the international application for protection of the trade mark which is the same as the one in respect of which the request for EU extension was filed.

• (8) References in sub-paragraphs (5) and (6) to sections 46 and 47 are to those sections as they apply to a protected international trade mark (UK) under an order made pursuant to section 54.

• (9) Where a trade mark has been surrendered or allowed to lapse in respect of only some of the goods or services for which it is registered, the declaration in sub-paragraphs (2) and (5) is that if the goods or services had not been removed from the registration, the registration of the trade mark would have been liable to be revoked under section 46 with effect from a date specified in the declaration or declared invalid under section 47 and sub-paragraphs (3) and (6) shall be construed accordingly.

• (10) The provisions of paragraph 16 apply in relation to an application under this paragraph as they apply to an application under paragraph 15.

PART 4 — Transformation applications which are pending on IP completion day

Transformation applications

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• (1) In this Part, references to a “transformation application” are to an application for transformation of an international registration which has been cancelled (a “cancelled international registration”) into an application for registration of a European Union trade mark filed under Article 204 of the European Union Trade Mark Regulation in respect of which the conditions in sub-paragraph (2) are satisfied.

• (2) The conditions referred to in sub-paragraph (1) are—

• (a) the transformation application was filed before IP completion day with the European Union Intellectual Property Office;

• (b) as at the time immediately before IP completion day the transformation application has neither been granted nor refused by the European Union Intellectual Property Office under the European Union Trade Mark Regulation; and

• (c) the international registration was not cancelled at the request of the Patent Office as Office of origin for the international registration of the trade mark.

• (3) In sub-paragraph (2)(b)—

• (a) the reference to the transformation application being “granted” means a European Union trade mark being registered under the European Union Trade Mark Regulation pursuant to the transformation application; and

• (b) the reference to the transformation application being “refused” means the transformation application being subject to the provisions in Article 204(5) of the European Union Trade Mark Regulation.

Application for registration based upon a cancelled international registration

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• (1) This paragraph applies where—

• (a) a person who has filed a transformation application in respect of a cancelled international registration, or a successor in title of that person, applies for registration under this Act of a trade mark which is the same as the trade mark which was the subject of the cancelled international registration and in respect of some or all of the same goods or services included in the international registration;

• (b) the application for registration under this Act is made within the period beginning with IP completion day and ending with the end of the relevant period; and

• (c) on or before the date of the transformation application on which the application for registration under this Act is based the trade mark that was the subject of the cancelled international registration—

• (i) was protected in the European Union in accordance with Article 189(2) of the European Union Trade Mark Regulation; or

• (ii) was the subject of an existing ITM application or an existing request for EU extension which, as at that date, had neither been granted nor refused by the European Union Intellectual Property Office (the references to “granted” and “refused” having the same meaning as given by paragraph 27(4)).

• (2) Where this paragraph applies by virtue of sub-paragraph (1)(c)(i), the relevant date for the purposes of establishing which rights take precedence is the earliest of—

• (a) where—

• (i) the protection in the European Union of the trade mark that was the subject of the cancelled international registration resulted from a request for territorial extension under Article 3ter(1), the date of registration accorded to the international registration pursuant to Article 3(4); or

• (ii) the protection in the European Union of the trade mark that was the subject of the cancelled international registration resulted from a request for territorial extension under Article 3ter(2), the date on which the request was recorded in the International Register; and

• (b) the date of priority (if any) accorded pursuant to a right of priority claimed pursuant to Article 4 of the Paris Convention in respect of the request referred to in paragraph (a)(i) or (ii).

• (3) Where this paragraph applies by virtue of sub-paragraph (1)(c)(ii), the relevant date for the purposes of establishing which rights take precedence is the earliest of—

• (a) the date accorded to the trade mark that was the subject of the existing ITM application pursuant to Article 3(4) or, in the case of an existing request for EU extension, the date on which the request was recorded in the International Register pursuant to Article 3ter(2); and

• (b) the date of priority (if any) accorded pursuant to a right of priority claimed pursuant to Article 4 of the Paris Convention in respect of the request referred to in paragraph (a).

• (4) A right of priority claimed pursuant to Article 4 of the Paris Convention in respect of a request for territorial extension to the European Union made under Article 3ter(2) is to be disregarded for the purposes of sub-paragraphs (2)(b) and (3)(b) unless the request for extension was recorded in the International Register within a period of six months beginning with the day after the priority date recorded in the International Register in respect of the international application for protection of the trade mark which is the same as the one in respect of which the request for extension was filed.

• (5) The registrability of the trade mark the subject of an application under this Act of the type mentioned in sub-paragraph (1)(a) and made within the period mentioned in sub-paragraph (1)(b) shall not be affected by any use of the mark in the United Kingdom which commenced in the period between the date referred to in sub-paragraph (2) or (3) (as the case may be) and the date of the application for registration of the trade mark under this Act.

• (6) Paragraphs 30 and 31 apply in relation to an application for a trade mark under this Act of the type mentioned in sub-paragraph (1)(a) and made within the period mentioned in sub-paragraph (1)(b), as they apply in relation to an application for registration of a trade mark pursuant to Part 3, but as if—

• (a) the references to an existing ITM application or an existing request for EU extension and an existing ITM application and an existing request for EU extension had the same meaning as they have in this paragraph; and

• (b) the references to an existing ITM application included references to a “protected EU designation”.

• (7) In this paragraph—

• (a) an “existing ITM application” means an international application which contains a request for extension of the protection resulting from an international registration to the European Union under Article 3ter(1) which has been filed with the Office of origin in accordance with Article 2(2);

• (b) an “existing request for EU extension” means a request for extension to the European Union of the protection resulting from an international registration made subsequent to the international registration pursuant to Article 3ter(2) which has been filed with the Office of origin or the International Bureau (as the case may be) in accordance with Rule 24(2);

• (c) the “relevant period” means the period of nine months beginning with the day after that on which IP completion day falls;

• (d) a “protected EU designation” means an international registration which prior to its cancellation was protected in the European Union in accordance with Article 189(2) of the European Union Trade Mark Regulation.

PART 5 — Interpretation

Interpretation

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• (1) In this Schedule—

• “comparable trade mark (IR)” has the meaning given by paragraph 1(4);

• “the Common Regulations” means the Common Regulations under the Madrid Agreement concerning the international registration of marks and the Madrid Protocol in force on 1st November 2017;

• “corresponding (IR)” has the meaning given by paragraph 3(4);

• “existing IR(EU)” has the meaning given by paragraph 1(1);

• “expired IR(EU)” has the meaning given by paragraph 23(1);

• “international application” has the meaning given by paragraph 27(1)(c);

• “the International Register” has the meaning given by paragraph 1(11)(a);

• “international registration” has the meaning given by paragraph 1(11)(b);

• “international trade mark” has the meaning given by paragraph 1(11)(c);

• “Office of origin” has the meaning given by Article 2(2);

• “the previous EUTM Regulations” means Council Regulation (EC) No 207/2009 of 26th February 2009 on the European Union trade mark and Council Regulation (EC) No 40/94 of 20th December 1993 on the Community trade mark;

• “protected international trade mark (UK)” has the same meaning as in the Trade Marks (International Registration) Order 2008;

• (2) References in this Schedule to—

• (a) an “Article” are to an Article of the Madrid Protocol;

• (b) an Article of the European Union Trade mark Regulation include references to any equivalent Article contained in the previous EUTM Regulations;

• (c) the European Union Trade Mark Regulation include references to the previous EUTM Regulations;

• (d) an international trade mark include references to an international trade mark which is dealt with for the purposes of the European Union Trade Mark Regulation as an EU collective mark or an EU certification mark;

• (e) a “Rule” are to a Rule of the Common Regulations.

• (3) In this Schedule, references to a request for territorial extension, in relation to an existing IR(EU) which is the subject of a separate international registration within the meaning of paragraph 1(3), are to the request made before the separate international registration was created.

SCHEDULE 3

Introductory

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• (1) In this Schedule—

• “existing registered mark” means a trade mark, certification trade mark or service mark registered under the 1938 Act immediately before the commencement of this Act;

• “the 1938 Act” means the Trade Marks Act 1938; and

• “the old law” means that Act and any other enactment or rule of law applying to existing registered marks immediately before the commencement of this Act.

• (2) For the purposes of this Schedule—

• (a) an application shall be treated as pending on the commencement of this Act if it was made but not finally determined before commencement, and

• (b) the date on which it was made shall be taken to be the date of filing under the 1938 Act.

Existing registered marks

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• (1) Existing registered marks (whether registered in Part A or B of the register kept under the 1938 Act) shall be transferred on the commencement of this Act to the register kept under this Act and have effect, subject to the provisions of this Schedule, as if registered under this Act.

• (2) Existing registered marks registered as a series under section 21(2) of the 1938 Act shall be similarly registered in the new register.

Provision may be made by rules for putting such entries in the same form as is required for entries under this Act.

• (3) In any other case notes indicating that existing registered marks are associated with other marks shall cease to have effect on the commencement of this Act.

3

• (1) A condition entered on the former register in relation to an existing registered mark immediately before the commencement of this Act shall cease to have effect on commencement.

Proceedings under section 33 of the 1938 Act (application to expunge or vary registration for breach of condition) which are pending on the commencement of this Act shall be dealt with under the old law and any necessary alteration made to the new register.

• (2) A disclaimer or limitation entered on the former register in relation to an existing registered mark immediately before the commencement of this Act shall be transferred to the new register and have effect as if entered on the register in pursuance of section 13 of this Act.

Effects of registration: infringement

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• (1) Sections 9 to 12 of this Act (effects of registration) apply in relation to an existing registered mark as from the commencement of this Act and section 14 of this Act (action for infringement) applies in relation to infringement of an existing registered mark committed after the commencement of this Act, subject to sub-paragraph (2) below.

The old law continues to apply in relation to infringements committed before commencement.

• (2) It is not an infringement of—

• (a) an existing registered mark, or

• (b) a registered trade mark of which the distinctive elements are the same or substantially the same as those of an existing registered mark and which is registered for the same goods or services,

to continue after commencement any use which did not amount to infringement of the existing registered mark under the old law.

Infringing goods, material or articles

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Section 16 of this Act (order for delivery up of infringing goods, material or articles) applies to infringing goods, material or articles whether made before or after the commencement of this Act.

Rights and remedies of licensee or authorised user

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• (1) Section 30 (general provisions as to rights of licensees in case of infringement) of this Act applies to licences granted before the commencement of this Act, but only in relation to infringements committed after commencement.

• (2) Paragraph 14 of Schedule 2 of this Act (court to take into account loss suffered by authorised users, &c.) applies only in relation to infringements committed after commencement.

Co-ownership of registered mark

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The provisions of section 23 of this Act (co-ownership of registered mark) apply as from the commencement of this Act to an existing registered mark of which two or more persons were immediately before commencement registered as joint proprietors.

Assignment, &c. of registered mark

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• (1) Section 24 of this Act (assignment or other transmission of registered mark) applies to transactions and events occurring after the commencement of this Act in relation to an existing registered mark; and the old law continues to apply in relation to transactions and events occurring before commencement.

• (2) Existing entries under section 25 of the 1938 Act (registration of assignments and transmissions) shall be transferred on the commencement of this Act to the register kept under this Act and have effect as if made under section 25 of this Act.

Provision may be made by rules for putting such entries in the same form as is required for entries made under this Act.

• (3) An application for registration under section 25 of the 1938 Act which is pending before the registrar on the commencement of this Act shall be treated as an application for registration under section 25 of this Act and shall proceed accordingly.

The registrar may require the applicant to amend his application so as to conform with the requirements of this Act.

• (4) An application for registration under section 25 of the 1938 Act which has been determined by the registrar but not finally determined before the commencement of this Act shall be dealt with under the old law; and sub-paragraph (2) above shall apply in relation to any resulting entry in the register.

• (5) Where before the commencement of this Act a person has become entitled by assignment or transmission to an existing registered mark but has not registered his title, any application for registration after commencement shall be made under section 25 of this Act.

• (6) In cases to which sub-paragraph (3) or (5) applies section 25(3) of the 1938 Act continues to apply (and section 25(3) and (4) of this Act do not apply) as regards the consequences of failing to register.

Licensing of registered mark

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• (1) Sections 28 and 29(2) of this Act (licensing of registered trade mark; rights of exclusive licensee against grantor’s successor in title) apply only in relation to licences granted after the commencement of this Act; and the old law continues to apply in relation to licences granted before commencement.

• (2) Existing entries under section 28 of the 1938 Act (registered users) shall be transferred on the commencement of this Act to the register kept under this Act and have effect as if made under section 25 of this Act.

Provision may be made by rules for putting such entries in the same form as is required for entries made under this Act.

• (3) An application for registration as a registered user which is pending before the registrar on the commencement of this Act shall be treated as an application for registration of a licence under section 25(1) of this Act and shall proceed accordingly.

The registrar may require the applicant to amend his application so as to conform with the requirements of this Act.

• (4) An application for registration as a registered user which has been determined by the registrar but not finally determined before the commencement of this Act shall be dealt with under the old law; and sub-paragraph (2) above shall apply in relation to any resulting entry in the register.

• (5) Any proceedings pending on the commencement of this Act under section 28(8) or (10) of the 1938 Act (variation or cancellation of registration of registered user) shall be dealt with under the old law and any necessary alteration made to the new register.

Pending applications for registration

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• (1) An application for registration of a mark under the 1938 Act which is pending on the commencement of this Act shall be dealt with under the old law, subject as mentioned below, and if registered the mark shall be treated for the purposes of this Schedule as an existing registered mark.

• (2) The power of the Secretary of State under section 78 of this Act to make rules regulating practice and procedure, and as to the matters mentioned in subsection (2) of that section, is exercisable in relation to such an application; and different provision may be made for such applications from that made for other applications.

• (3) Section 23 of the 1938 Act (provisions as to associated trade marks) shall be disregarded in dealing after the commencement of this Act with an application for registration.

Conversion of pending application

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• (1) In the case of a pending application for registration which has not been advertised under section 18 of the 1938 Act before the commencement of this Act, the applicant may give notice to the registrar claiming to have the registrability of the mark determined in accordance with the provisions of this Act.

• (2) The notice must be in the prescribed form, be accompanied by the appropriate fee and be given no later than six months after the commencement of this Act.

• (3) Notice duly given is irrevocable and has the effect that the application shall be treated as if made immediately after the commencement of this Act.

Trade marks registered according to old classification

12

The registrar may exercise the powers conferred by rules under section 65 of this Act (adaptation of entries to new classification) to secure that any existing registered marks which do not conform to the system of classification prescribed under section 34 of this Act are brought into conformity with that system.

Claim to priority from overseas application

13

Section 35 of this Act (claim to priority of Convention application) applies to an application for registration under this Act made after the commencement of this Act notwithstanding that the Convention application was made before commencement.

14

• (1) Where before the commencement of this Act a person has duly filed an application for protection of a trade mark in a relevant country within the meaning of section 39A of the 1938 Act which is not a Convention country (a “relevant overseas application”), he, or his successor in title, has a right to priority, for the purposes of registering the same trade mark under this Act for some or all of the same goods or services, for a period of six months from the date of filing of the relevant overseas application.

• (2) If the application for registration under this Act is made within that six-month period—

• (a) the relevant date for the purposes of establishing which rights take precedence shall be the date of filing of the relevant overseas application, and

• (b) the registrability of the trade mark shall not be affected by any use of the mark in the United Kingdom in the period between that date and the date of the application under this Act.

• (3) Any filing which in a relevant country is equivalent to a regular national filing, under its domestic legislation or an international agreement, shall be treated as giving rise to the right of priority.

A “regular national filing” means a filing which is adequate to establish the date on which the application was filed in that country, whatever may be the subsequent fate of the application.

• (4) A subsequent application concerning the same subject as the relevant overseas application, filed in the same country, shall be considered the relevant overseas application (of which the filing date is the starting date of the period of priority), if at the time of the subsequent application—

• (a) the previous application has been withdrawn, abandoned or refused, without having been laid open to public inspection and without leaving any rights outstanding, and

• (b) it has not yet served as a basis for claiming a right of priority.

The previous application may not thereafter serve as a basis for claiming a right of priority.

• (5) Provision may be made by rules as to the manner of claiming a right to priority on the basis of a relevant overseas application.

• (6) A right to priority arising as a result of a relevant overseas application may be assigned or otherwise transmitted, either with the application or independently.

The reference in sub-paragraph (1) to the applicant’s “successor in title” shall be construed accordingly.

• (7) Nothing in this paragraph affects proceedings on an application for registration under the 1938 Act made before the commencement of this Act (see paragraph 10 above).

Duration and renewal of registration

15

• (1) Section 42(1) of this Act (duration of original period of registration) applies in relation to the registration of a mark in pursuance of an application made after the commencement of this Act; and the old law applies in any other case.

• (2) Sections 42(2) and 43 of this Act (renewal) apply where the renewal falls due on or after the commencement of this Act; and the old law continues to apply in any other case.

• (3) In either case it is immaterial when the fee is paid.

Pending application for alteration of registered mark

16

An application under section 35 of the 1938 Act (alteration of registered trade mark) which is pending on the commencement of this Act shall be dealt with under the old law and any necessary alteration made to the new register.

Revocation for non-use

17

• (1) An application under section 26 of the 1938 Act (removal from register or imposition of limitation on ground of non-use) which is pending on the commencement of this Act shall be dealt with under the old law and any necessary alteration made to the new register.

• (2) An application under section 46(1)(a) or (b) of this Act (revocation for non-use) may be made in relation to an existing registered mark at any time after the commencement of this Act.

Provided that no such application for the revocation of the registration of an existing registered mark registered by virtue of section 27 of the 1938 Act (defensive registration of well-known trade marks) may be made until more than five years after the commencement of this Act.

Application for rectification, &c.

18

• (1) An application under section 32 or 34 of the 1938 Act (rectification or correction of the register) which is pending on the commencement of this Act shall be dealt with under the old law and any necessary alteration made to the new register.

• (2) For the purposes of proceedings under section 47 of this Act (grounds for invalidity of registration) as it applies in relation to an existing registered mark, the provisions of this Act shall be deemed to have been in force at all material times.

Provided that no objection to the validity of the registration of an existing registered mark may be taken on the ground specified in subsection (3) of section 5 of this Act (relative grounds for refusal of registration: conflict with earlier mark registered for different goods or services).

Regulations as to use of certification mark

19

• (1) Regulations governing the use of an existing registered certification mark deposited at the Patent Office in pursuance of section 37 of the 1938 Act shall be treated after the commencement of this Act as if filed under paragraph 6 of Schedule 2 to this Act.

• (2) Any request for amendment of the regulations which was pending on the commencement of this Act shall be dealt with under the old law.

Sheffield marks

20

• (1) For the purposes of this Schedule the Sheffield register kept under Schedule 2 to the 1938 Act shall be treated as part of the register of trade marks kept under that Act.

• (2) Applications made to the Cutlers’ Company in accordance with that Schedule which are pending on the commencement of this Act shall proceed after commencement as if they had been made to the registrar.

Certificate of validity of contested registration

21

A certificate given before the commencement of this Act under section 47 of the 1938 Act (certificate of validity of contested registration) shall have effect as if given under section 73(1) of this Act.

Trade mark agents

22

• (1) Rules in force immediately before the commencement of this Act under section 282 or 283 of the Copyright, Designs and Patents Act 1988 (register of trade mark agents; persons entitled to described themselves as registered) shall continue in force and have effect as if made under section 83 or 85 of this Act.

• (2) Rules in force immediately before the commencement of this Act under section 40 of the 1938 Act as to the persons whom the registrar may refuse to recognise as agents for the purposes of business under that Act shall continue in force and have effect as if made under section 88 of this Act.

• (3) Rules continued in force under this paragraph may be varied or revoked by further rules made under the relevant provisions of this Act.

SCHEDULE 4

General adaptation of existing references

1

• (1) References in statutory provisions passed or made before the commencement of this Act to trade marks or registered trade marks within the meaning of the Trade Marks Act 1938 shall, unless the context otherwise requires, be construed after the commencement of this Act as references to trade marks or registered trade marks within the meaning of this Act.

• (2) Sub-paragraph (1) applies, in particular, to the references in the following provisions—

Industrial Organisation and Development Act 1947	Schedule 1, paragraph 7
Crown Proceedings Act 1947	section 3(1)(b)
. . .	. . .
Printer’s Imprint Act 1961	section 1(1)(b)
. . .	. . .
. . .	. . .
Patents Act 1977	section 19(2)section 27(4)section 123(7)
Unfair Contract Terms Act 1977	Schedule 1, paragraph 1(c)
Judicature (Northern Ireland) Act 1978	section 94A(5)
State Immunity Act 1978	section 7(a) and (b)
Senior Courts Act 1981	section 72(5)Schedule 1, paragraph 1(i)
Civil Jurisdiction and Judgments Act 1982	Schedule 5, paragraph 2Schedule 8, paragraph 2(14) and 4(2)
Value Added Tax Act 1983	Schedule 3, paragraph 1
. . .	. . .
Law Reform (Miscellaneous Provisions) (Scotland) Act 1985	section 15(5)
Atomic Energy Authority Act 1986	section 8(2)
. . .	. . .
Consumer Protection Act 1987	section 2(2)(b)
Consumer Protection (Northern Ireland) Order 1987	article 5(2)(b)
Income and Corporation Taxes Act 1988	section 83(a)
Taxation of Chargeable Gains Act 1992	section 275(h)
Tribunals and Inquiries Act 1992	Schedule 1, paragraph 34.

Patents and Designs Act 1907 (c.29)

2

• (1) The Patents and Designs Act 1907 is amended as follows.

• (2) In section 62 (the Patent Office)—

• (a) in subsection (1) for “this Act and the Trade Marks Act 1905” substitute “ the Patents Act 1977, the Registered Designs Act 1949 and the Trade Marks Act 1994 ”; and

• (b) in subsections (2) and (3) for “the Board of Trade” substitute “ the Secretary of State ”.

• (3) In section 63 (officers and clerks of the Patent Office)—

• (a) for “the Board of Trade” in each place where it occurs substitute “ the Secretary of State ”; and

• (b) in subsection (2) omit the words from “and those salaries” to the end.

• (4) The repeal by the Patents Act 1949 and the Registered Designs Act 1949 of the whole of the 1907 Act, except certain provisions, shall be deemed not to have extended to the long title, date of enactment or enacting words or to so much of section 99 as provides the Act with its short title.

Patents, Designs, Copyright and Trade Marks (Emergency) Act 1939(c.107)

3

• (1) The Patents, Designs, Copyright and Trade Marks (Emergency) Act 1939 is amended as follows.

• (2) For section 3 (power of comptroller to suspend rights of enemy or enemy subject) substitute—

(3) (1) Where on application made by a person proposing to supply goods or services of any description it is made to appear to the comptroller— (a) that it is difficult or impracticable to describe or refer to the goods or services without the use of a registered trade mark, and (b) that the proprietor of the registered trade mark (whether alone or jointly with another) is an enemy or an enemy subject, the comptroller may make an order suspending the rights given by the registered trade mark. (2) An order under this section shall suspend those rights as regards the use of the trade mark— (a) by the applicant, and (b) by any person authorised by the applicant to do, for the purposes of or in connection with the supply by the applicant of the goods or services, things which would otherwise infringe the registered trade mark, to such extent and for such period as the comptroller considers necessary to enable the applicant to render well-known and established some other means of describing or referring to the goods or services in question which does not involve the use of the trade mark. (3) Where an order has been made under this section, no action for passing off lies on the part of any person interested in the registered trade mark in respect of any use of it which by virtue of the order is not an infringement of the right conferred by it. (4) An order under this section may be varied or revoked by a subsequent order made by the comptroller.

.

• (3) In each of the following provisions—

• (a) section 4(1)(c) (effect of war on registration of trade marks),

• (b) section 6(1) (power of comptroller to extend time limits),

• (c) section 7(1)(a) (evidence as to nationality, &c.), and

• (d) the definition of “the comptroller” in section 10(1) (interpretation),

for “the Trade Marks Act 1938” substitute “ the Trade Marks Act 1994 ”.

Trade Descriptions Act 1968 (c.29)

4

In the Trade Descriptions Act 1968, in section 34 (exemption of trade description contained in pre-1968 trade mark)—

• (a) in the opening words, omit “within the meaning of the Trade Marks Act 1938”; and

• (b) in paragraph (c), for “a person registered under section 28 of the Trade Marks Act 1938 as a registered user of the trade mark” substitute “ , in the case of a registered trade mark, a person licensed to use it ”.

Solicitors Act 1974 (c.47)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

House of Commons Disqualification Act 1975 (c.24)

6

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), for the entry relating to persons appointed to hear and determine appeals under the Trade Marks Act 1938 substitute— “ Person appointed to hear and determine appeals under the Trade Marks Act 1994. ”

Restrictive Trade Practices Act 1976 (c.34)

7

In Schedule 3 to the Restrictive Trade Practices Act 1976 (excepted agreements), for paragraph 4 (agreements relating to trade marks) substitute—

(4) (1) This Act does not apply to an agreement authorising the use of a registered trade mark (other than a collective mark or certification mark) if no such restrictions as are described in section 6(1) or 11(2) above are accepted, and no such information provisions as are described in section 7(1) or 12(2) above are made, except in respect of— (a) the descriptions of goods bearing the mark which are to be produced or supplied, or the processes of manufacture to be applied to such goods or to goods to which the mark is to be applied, or (b) the kinds of services in relation to which the mark is to be used which are to be made available or supplied, or the form or manner in which such services are to be made available or supplied, or (c) the descriptions of goods which are to be produced or supplied in connection with the supply of services in relation to which the mark is to be used, or the process of manufacture to be applied to such goods. (2) This Act does not apply to an agreement authorising the use of a registered collective mark or certification mark if— (a) the agreement is made in accordance with regulations approved by the registrar under Schedule 1 or 2 to the Trade Marks Act 1994, and (b) no such restrictions as are described in section 6(1) or 11(2) above are accepted, and no such information provisions as are described in section 7(1) or 12(2) above are made, except as permitted by those regulations.

.

Copyright, Designs and Patents Act 1988 (c.48)

8

• (1) The Copyright, Designs and Patents Act 1988 is amended as follows.

• (2) In sections 114(6), 204(6) and 231(6) (persons regarded as having an interest in infringing copies, &c.), for “section 58C of the Trade Marks Act 1938” substitute “ section 19 of the Trade Marks Act 1994 ”.

• (3) In section 280(1) (privilege for communications with patent agents), for “trade mark or service mark” substitute “ or trade mark ”.

Tribunals and Inquiries Act 1992 (c.53)

9

In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals), for “Patents, designs, trade marks and service marks” substitute “ Patents, designs and trade marks ”.

SCHEDULE 5

Editorial notes

[^c1130328]: Act modified (Isle of Man) (1.4.1996) by S.I. 1996/729, art. 2, Sch. (as amended: (24.12.2002) by S.I. 2002/3148, art. 2; and (1.7.2004) by S.I. 2004/1497, art. 2, Sch.) Act applied (14.8.1996) by S.I. 1996/1908, reg. 10(2)(3)

[^c1130329]: Act not in force at Royal Assent see s. 109(1); Act partly in force for limited purposes temporarily 29.9.1994 by S.I. 1994/2550, art. 3, Sch.; Act wholly in force 31.10.1994 by S.I. 1994/2550, art. 2

[^c1130330]: Act extends to the United Kingdom and the Isle of Man, see s. 108(2).

[^c1130332]: S. 4 wholly in force at 31.10.1994; S. 4 not in force at Royal Assent see s. 109; s. 4(4) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 4 not already in force by S.I. 1994, arts. 2, 3(1), Sch.

[^c1130333]: S. 4(5) inserted (20.9.1995) by 1995 c. 32, s. 13(2) (with s. 13(3)); S.I. 1995/2472, art. 2

[^c1130334]: Words in s. 6(1)(c) inserted (29.7.1999) by S.I. 1999/1899, reg. 13(1)

[^c1130335]: 1938 c. 22.

[^c1130336]: S. 13 wholly in force at 31.10.1994; s. 13 not in force at Royal Assent see s. 109; s. 13(2) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 13 not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130337]: S. 15: power to apply conferred (20.9.1995) by 1995 c. 32, s. 7(1); S.I. 1995/2472, art. 2

[^c1130338]: S. 16: power to apply conferred (20.9.1995) by 1995 c. 32, 7(1); S.I. 1995/2472, art. 2

[^c1130339]: S. 18: power to apply conferred (20.9.1995) by 1995 c. 32, s. 7(1); S.I. 1995/2472, art. 2

[^c1130340]: 1980 c. 58.

[^c1130341]: 1973 c. 52.

[^c1130342]: S.I. 1989/1339 (N.I. 11).

[^c1130343]: S. 19: power to apply conferred (20.9.1995) by 1995 c. 32, S.I. 1995/2472, art. 2

[^c1130345]: S. 20: power to apply conferred (20.9.1995) by 1995 c. 32, s. 7(1); S.I. 1995/2472, art. 2

[^c1130347]: S. 22 applied (with modifications) (1.4.1996) by S.I. 1996/714, art. 5

[^c1130348]: S. 23 applied (with modifications) (1.4.1996) by S.I. 1996/714, art. 5

[^c1130349]: S. 24 applied (except s. 24(2)(b)) (with modifications) (1.4.1996) by S.I. 1996/714, art. 5

[^c1130350]: S. 25 wholly in force 31.10.1994; s. 25 not in force at Royal Assent see s. 109; s. 25(1)(5)(6) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 25 not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130351]: S. 26 applied (with modifications) (1.4.1996) by S.I. 1996/714, art. 5

[^c1130352]: S. 34 wholly in force at 31.10.1994; s. 34 not in force at Royal Assent see s. 109; s. 34(1) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 34 not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130353]: S. 35 wholly in force at 31.10.1994; s. 35 not in force at Royal Assent see s. 109; s. 35(5) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 35 not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130354]: S. 38 wholly in force at 31.10.1994; s. 38 not in force at Royal Assent see s. 109; s. 38(1)(2) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 38 not already in force by S.I. 1994/2550, art. 2, 3(1), Sch.

[^c1130355]: S. 39 wholly in force at 31.10.1994; s. 39 not in force at Royal Assent see s. 109; s. 39(3) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 39 not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130356]: S. 40 wholly in force at 31.10.1994; s. 40 not in force at Royal Assent see s. 109; s. 40(4) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 40 not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130357]: S. 41 wholly in force at 31.10.1994; s. 41 not in force at Royal Assent see s. 109; s. 41(1)(3) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 41 not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130358]: S. 43 wholly in force at 31.10.1994; s. 43 not in force at Royal Assent see s. 109; s.43(2)(3)(5)(6) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 43 not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130359]: S. 44 wholly in force at 31.10.1994; s. 44 not in force at Royal Assent see s. 109; s. 44(3) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s.44 not already in force by S.I. 1994/2550, art. 2, 3(1), Sch.

[^c1130360]: S. 45 wholly in force at31.10.1994; s. 45 not in force at Royal Assent see s. 109; s. 45(2) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 45 not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130361]: S. 46 applied (with modifications) (1.4.1996) by S.I. 1996/714, art. 13 S. 46 applied (with modifications) (14.8.1996) by S.I. 1996/1908, reg. 3(3)

[^c1130362]: S. 47 applied (with modifications) (1.4.1996) by S.I. 1996/714, art. 13 S. 47 applied (with modifications) (14.8.1996) by S.I. 1908, reg. 3(3)

[^c1130363]: S. 48 applied (1.4.1996) by S.I. 1996/714, art. 14

[^c1130366]: Word in s. 55(1) omitted (29.7.1999) by virtue of S.I. 1999/1899, reg. 13(2)

[^c1130367]: S. 55(1)(aa) inserted (29.7.1999) by S.I. 1999/1899, reg. 13(2)

[^c1130368]: Cm. 2556–59, 2561–2, 2564–69, 2571–74. The Agreement Establishing the World Trade Organisation was declared a Community Treaty as defined in section 1(2) of the European Communities Act 1972 by S.I. 1995/265.

[^c1130369]: Words in s. 55(2) inserted (29.7.1999) by S.I. 1999/1899, reg. 13(3)

[^c1130370]: Words in s. 56(1)(2) inserted (29.7.1999) by S.I. 1999/1899, reg. 13(4) (with reg. 14(1))

[^c1130372]: Words in s. 57(2)(3) inserted (29.7.1999) by S.I. 1999/1899, reg. 13(5)

[^c1130374]: Words in s. 58(2) inserted (29.7.1999) by S.I. 1999/1899, reg. 13(6) (with art. 14(2))

[^c1130375]: S. 59(5) inserted (29.7.1999) by S.I. 1999/1899, reg. 13(7)

[^c1130376]: S. 61 repealed (28.7.2000 with effect as mentioned in Sch. 40 Pt. III Note 1 of the amending Act) by 2000 c. 17, s. 156, Sch. 40 Pt. III

[^c1130377]: S. 63 wholly in force at 31.10.1994; s. 63 not in force at Royal Assent see s. 109; s. 63(2)(3) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 63 not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130378]: S. 64 wholly in force at 31.10.1994; s. 64 not in force at Royal Assent see s. 109; s. 64(4) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 64 not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130379]: S. 65 wholly in force at 31.10.1994; s. 65 not in force at Royal Assent see s. 109; s. 65(1)(3)(4)(5) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 65 not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130380]: S. 66 wholly in force at 31.10.1994; s. 66 not in force at Royal Assent see s. 109; s. 66 in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as not already in force by S.I. 1994/2550, arts. 2, 3, Sch.

[^c1130381]: S. 67(1)(2) wholly in force at 31.10.1994; s. 67 not in force at Royal Assent see s. 109; s. 67(1)(2) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 67 not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130382]: S. 68 wholly in force at 31.10.1994; s. 68 not in force at Royal Assent see s. 109; s. 68(1)(3) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 68 not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130383]: S. 69 wholly in force at 31.10.1994; s. 69 not in force at Royal Assent see s. 109; s. 69 in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130384]: 1977 c. 37.

[^c1130385]: S. 72 applied (with modifications) (14.8.1996) by S.I. 1996/1908, reg. 3(3)

[^c1130386]: S. 73 applied (with modifications) (1.4.1996) by S.I. 1996/714, art. 15(1)

[^c1130387]: S. 74 applied (with modifications) (1.4.1996) by S.I. 1996/714, art. 15(2) S. 74 applied (with modifications) (14.8.1996) by S.I. 1996/1908, reg. 3(3)

[^c1130388]: S. 76 applied (with modifications) (14.8.1996) by S.I. 1996/1908, reg. 3(3)

[^c1130389]: S. 76 wholly in force at 31.10.1994; s. 76 not in force at Royal Assent see s. 109; s. 76(1) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 76 not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130390]: S. 77: Functions of the Lord Advocate transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any such function transferred to the Secretary of State for Scotland (19.5.1999) by S.I. 1999/678, arts. 2, 3, Sch. (with art. 7) S. 77 modified (30.6.1999) by S.I. 1999/1748, art. 3, Sch. 1 para. 17 S. 77: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178.art. 2(1)

[^c1130392]: S. 78 wholly in force at 31.10.1994; s. 78 not in force at Royal Assent see s. 109; s. 78 in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130393]: S. 79 wholly in force at 31.10.1994; s. 79 not in force at Royal Assent see s. 109; s. 79 in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130394]: S. 80 wholly in force at 31.10.1994; s. 80 not in force at Royal Assent see s. 109; s. 80(1)(3) in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as s. 80 not already in force by S.I. 1994/2550, arts. 2, 3, Sch.

[^c1130395]: S. 81 wholly in force at 31.10.1994; s. 81 not in force at Royal Assent see s. 109; s. 81 in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130396]: S. 82 wholly in force at 31.10.1994; s. 82 not in force at Royal Assent see s. 109; s. 82 in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130397]: 1974 c. 47. S.I. 1976/582 (N.I. 12)

[^c1130398]: 1980 c. 46.

[^c1130399]: S. 87 applied (with modifications) (14.8.1996) by S.I. 1996/1908, reg. 5

[^c1130400]: S. 88 wholly in force at 31.10.1994; s. 88 not in force at Royal Assent see s. 109; s. 88 in force for certain purposes at 29.9.1994 and at 31.10.1994 insofar as not already in force by S.I. 1994/2550, arts. 2, 3(1), Sch.

[^c1130402]: S. 89 applied (with modifications) (1.4.1996) by S.I. 1996/714, art. 16 S. 89 applied (with modifications) (14.8.1996) by S.I. 1996/1908, reg. 6

[^c1130405]: S. 90 applied (with modifications) (1.4.1996) by S.I. 1996/714, art. 16 S. 90 applied (with modifications) (14.8.1996) by S.I. 1996/1908, reg. 6

[^c1130407]: S. 91 applied (with modifications) (1.4.1996) by S.I. 1996/714, art. 16 S. 91 applied (with modifications) (14.8.1996) by S.I. 1996/1908, reg. 6

[^c1130409]: S. 92 applied (with modifications) (1.4.1996) by S.I. 1996/714, art. 17 S. 92 applied (with modifications) (14.8.1996) by S.I. 1996/1908, reg. 7

[^c1130410]: S. 92A inserted (20.11.2002) by 2002 c. 24, s. 6; S.I. 2002/2749, art. 2