Statutory Instruments
TRADE MARKS
Made
19th December 1990
Laid before Parliament
8th January 1991
Coming into force
29th January 1991
At the Court at Buckingham Palace, the 19th day of December 1990
Present,
The Queen's Most Excellent Majesty in Council
Whereas Her Majesty is satisfied that provision has been made under the laws of New Zealand whereby priority for the protection of service marks in respect of which application for registration under the Trade Marks Act 1938(1) has been made will be given on a basis comparable to that for which provision is made by section 39A of that Act(2) in relation to applications for registration made in a relevant country (as defined in that section):
Now, therefore, Her Majesty, by virtue of the authority conferred upon Her by section 39A(7) of the said Act, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-
1. This Order may be cited as the Trade Marks and Service Marks (Relevant Countries) (Amendment) Order 1990 and shall come into force on 29th January 1991.
2. Schedule 2 to the Trade Marks and Service Marks (Relevant Countries) Order 1986(3) shall be amended by the insertion of "New Zealand" between the names "Netherlands" and "Norway".
G. I. de Deney
Clerk of the Privy Council
(This note is not part of the Order)
This Order adds New Zealand to the list of countries specified as those in which an application for the registration of a service mark will give priority in respect of an application made in the United Kingdom within the following six months.
1938 c. 22; the Act was applied, with modifications, to service marks by the Trade Marks (Amendment) Act 1984 (c. 19), section 1, as amended by the Patents, Designs and Marks Act 1986 (c. 39), section 2(1) and Schedule 3.
Section 39A was added by the Patents, Designs and Marks Act 1986 (c. 39), Schedule 2, paragraph 5, and is applied to service marks by the Trade Marks (Amendment) Act 1984 (c. 19), section 1(2) and Schedule 1, paragraph 18C, as respectively substituted and inserted by the Patents, Designs and Marks Act 1986, section 2(1)(a) and Schedule 2, paragraph 11.