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Revised Statute from The UK Statute Law Database

Patents, Designs and Marks Act 1986 (c. 39)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

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Patents, Designs and Marks Act 1986

1986 CHAPTER 39

An Act to amend the enactments relating to the registers of trade marks, designs and patents so as to enable them to be kept otherwise than in documentary form and so as to give the enactment due effect in relation to any portion of a register not kept in documentary form; to make amendments of the Trade Marks Act 1938 in relation to the use of the Royal Arms and other devices, emblems and titles and in relation to the protection of trade marks and service marks for whose protection application has been made overseas; to make other amendments of the Trade Marks Act 1938 in its application to service marks and amendments of other Acts in relation to such marks; and for connected purposes.

[18th July 1986]

Be it enacted by the Queen’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:—

Annotations:

Commencement Information

I1Act partly in force at Royal Assent see s. 4(6)(7).

1 Registers of trade marks, designs and patents—-computerisation etc

The amendments specified in Schedule 1 to this Act (which relate to computerisation of the registers there mentioned and to associated matters) shall have effect.

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1S. 2 repealed (31.10.1994) by 1994 c. 26, s. 106(2), Sch. 5; S.I. 1994/2550, art. 2

3 Repeals

(1)The enactments mentioned in Part I of Schedule 3 to this Act are repealed to the extent specified in the third column of that Part of that Schedule in consequence of section 1 above and Schedule 1 to this Act.

(2)The enactments mentioned in Part II of Schedule 3 to this Act are repealed to the extent specified in the third column of that Part of that Schedule in consequence of section 2 above and Schedule 2 to this Act.

4 Short title, extent and commencement

(1)This Act may be cited as the Patents, Designs and Marks Act 1986.

(2)The amendment or repeal of any enactment by this Act has the same extent as that enactment.

(3)Subject to subsection (2) above, this Act extends to Northern Ireland.

F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Her Majesty may by Order in Council make provision for extending to the Isle of Man, with such exceptions, adaptations or modifications as may be specified in the Order, sections 1 and 3(1) above so far as they relate to the M1Registered Designs Act 1949 and the M2Patents Act 1977.

(6)Section 1 above (with Schedule 1) and section 3 above, so far as it relates to Part I of Schedule 3, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed in pursuance of this subsection for different provisions or different purposes of the same provision.

(7)Section 2 above (with Schedule 2) and section 3 above, so far as it relates to Part II of Schedule 3, shall come into force on the same day as the M3Trade Marks (Amendment) Act 1984; but anything done before their commencement which, if it had been done after it, would have constituted an application for the registration of a service mark shall be treated as if it had been done immediately after it.

Annotations:

Amendments (Textual)

F1S. 4(4) repealed (31.10.1994) by 1994 c. 26, s. 106(2), Sch. 5; S.I. 1994/2550, art. 2

Modifications etc. (not altering text)

C1S. 4(6) power of appointment conferred by s. 4(6) fully exercised: S.I. 1986/1273, 1274, 1988/1824

Marginal Citations

M11949 c. 88.

M21977 c. 37.

M31984 c. 19.