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6 1996

TRADE MARKS ACT, 1996

PART I

Preliminary and General

Short title and commencement.

1. —(1) This Act may be cited as the Trade Marks Act, 1996.

(2) The provisions of the Act shall come into operation on such day as the Minister may by order fix.

(3) Different days may be so fixed for different provisions and different purposes.

Interpretation.

2. —(1) In this Act, except where the context otherwise requires—

the Act of 1963”means the Trade Marks Act, 1963 ;

assignment” means assignment by act of the parties concerned;

business” includes a trade or profession;

Community trade mark”, and “Community Trade Mark Regulation” have the meanings assigned by section 56 ;

the Controller” means the Controller of Patents, Designs and Trade Marks;

Convention country” has the meaning assigned by section 60 ;

the Court” means the High Court;

director”, in relation to a body corporate whose affairs are managed by its members, means any member of the body;

earlier trade mark” has the meaning assigned by section 11 ;

exclusive licence” and “exclusive licensee” have the meanings assigned by section 33 ;

infringement proceedings”, in relation to a registered trade mark, include proceedings under section 20 ;

the Journal” means the Patents Office Journal;

the Minister” means the Minister for Enterprise and Employment;

the Office” means the Patents Office;

the Paris Convention” has the meaning assigned by section 60 ;

partnership” has the meaning assigned by section 1 of the Partnership Act, 1890;

prescribed” means, in relation to proceedings before the Court, prescribed by rules of court and, in any other case, prescribed by this Act or orders, rules or regulations made hereunder;

publish” means make available to the public, and references to publication—

(a) in relation to an application for registration, are to publication under section 43 (1), and

(b) in relation to registration, are to publication under section 45 (4);

the register”, except in Part V , means the Register of Trade Marks kept under this Act;

rules”, except in relation to rules of court, mean rules made by the Minister under section 81 ;

State emblem of Ireland” means any emblem notified as such under Article 6ter of the Paris Convention;

trade” includes any business or profession;

trade mark” has the meaning assigned by section 6 .

(2) References in this Act to use (or any particular description of use) of a trade mark, or of a sign identical with, similar to, or likely to be mistaken for a trade mark, include use (or that description of use) otherwise than by means of a graphic representation.

(3) Any reference in this Act to a Community instrument includes a reference to any instrument amending or replacing that instrument.

(4) In this Act—

(a) a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended; and

(b) a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that some other provision is intended.

(5) In this Act a reference to an enactment includes a reference to that enactment as amended by or under any other enactment, including this Act.

Orders, regulations and rules.

3. —(1) Where a power to make orders, regulations or rules is conferred by this Act, such orders, regulations or rules may be made either in respect of all, or in respect of any one or more, of the matters to which the power relates, and different provisions may be made by any such orders, regulations or rules in respect of matters which are of different classes or descriptions.

(2) Subject to subsection (3), every order, regulation or rule made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order, regulation or rule is passed by either such House within the next twenty-one days on which that House has sat after the order, regulation or rule is laid before it, the order, regulation or rule shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(3) Where—

(a) a regulation is proposed to be made under section 57 or section 59 , or

(b) an order is proposed to be made under section 60 ,

subsection (2) shall not apply and a draft of the order or regulation shall be laid before both Houses of the Oireachtas, and the order or regulation shall not be made until a resolution approving the draft has been passed by each House.

(4) As soon as may be after any order, regulation or rule is made under this Act, notice of the making thereof and of the place where copies thereof may be obtained, shall be published in the Journal.

(5) Any power under this Act to make an order includes power to amend or revoke an order made in the exercise of that power except in the case of an order under section 1 (2).

Expenses.

4. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeal.

5. —Subject to the provisions of section 100 , the Act of 1963 is hereby repealed.