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Registration of UK Trade Marks (Amendment) Act 1997

TUVALU

REGISTRATION OF UNITED KINGDOM TRADE MARKS
(AMENDMENT) ACT 1997

(Act 3 of 1997)

I assent

Sir Tulaga Manuella GCMG MBE
Governor-General

Dated the 10th April, 1997

AN ACT to amend the Registration of United Kingdom Trade Marks Act.

ENACTED by the Parliament of Tuvalu-

Short title and commencement

1. (1) This Act may be cited as the Registration of United Kingdom Trade Marks (Amendment) Act 1997.

(2) This Act shall come into force on a date to be appointed by the Minister by notice.

Amendments to Cap. 63

2. The Registration of United Kingdom Trade Marks Act is amended:

(a) in section 2 by adding-

""goods" includes services; and

"user" includes a licensee of a trade mark";

(b) in section 3 by repealing "the Trade Marks Act 1938, or any Act amending or substituted for that Act" and substituting " any law in force in the United Kingdom";

(c) in section 4 by repealing "Comptroller-General of the United Kingdom Patents Office" and substituting "Comptroller-General of Patents, Designs and Trade Marks",

(d) in section 9, by repealing "cancelled" and substituting "revoked";

(e) in section 11 by repealing "section 28 of the Trade Marks Act 1938" and substituting "any law in force in the United Kingdom"; and

(f) in section 12 by repealing "under the said section 28".

Transitional

3. Upon the commencement of this Act, and subject to the provisions Registration of United Kingdom Trade Marks Act -

(a) trade marks entered in the Register by virtue of their registration in the United Kingdom under the Trade Marks Act 1938 shall continue on the Register as if registered under the law in force in the United Kingdom at the commencement of this Act; and

(b) entries in the Register in respect of registered users made pursuant to section 28 of the Trade Marks Act 1938 shall continue to have effect as if made pursuant to any law in force in the United Kingdom at the commencement of this Act as regards licensees of trade marks.

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REGISTRATION OF UNITED KINGDOM TRADE MARKS
(AMENDMENT) ACT 1997
(Act 3 of 1997)

EXPLANATORY MEMORANDUM
(This memorandum is not part of the Act)

The purpose of this Act is to bring the law on trade marks in Tuvalu up to date in 2 respects-

(a) to extend trade mark protection to services as well as goods; and

(b) to replace the concept of registered users with that of licensees.

The Act also replaces references to the UK Trade Marks Act 1938 by references to the law for the time being in force in the United Kingdom to take into account changes in the trade marks laws of the United Kingdom. Section 3 ensures that existing proprietors of trade marks and existing registered users continue to be protected under the Act as amended by this Act.

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