SCHEDULE 1 Collective Marks
Trade Marks Act 1994 (1994 c 26) | Legislation

SCHEDULE 1 Collective Marks

Section 49

General

1

The provisions of this Act apply to collective marks subject to the following provisions.

Signs of which a collective mark may consist

2

In relation to a collective mark the reference in section 1(1) (signs of which a trade mark may consist) to distinguishing goods or services of one undertaking from those of other undertakings shall be construed as a reference to distinguishing goods or services of members of the association which is the proprietor of the mark from those of other undertakings.

Indication of geographical origin

3

(1)     Notwithstanding section 3(1)(c), a collective mark may be registered which consists of signs or indications which may serve, in trade, to designate the geographical origin of the goods or services.

(2)     However, the proprietor of such a mark is not entitled to prohibit the use of the signs or indications in accordance with honest practices in industrial or commercial matters (in particular, by a person who is entitled to use a geographical name).

Mark not to be misleading as to character or significance

4

(1)     A collective mark shall not be registered if the public

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