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Section 3 SavingsC1

England, Wales and Scotland

No Order in Council shall be made under this Act protecting any F1product (other than a badge or decoration) used by an association in connection with or as part of the uniform of its members F2where a design is applied to, or incorporated in, the product and the design is protected by virtue of registration under the Registered Designs Act 1949, or any amendment thereof, unless the owner of F3the design shall without fee or reward be ready and willing to permit and shall permit the use of the design by any person, firm, or corporation willing to supply F4the product to any member of members of such association.

Nothing in this Act shall prevent the continued use of any mark or device which has been bona fide used as a trade mark before the coming into force of this Act.

Annotations

Textual amendments

F1

Words in s. 3 substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 1(a) (with transitional provisions in regs. 10-14)

F2

Words in s. 3 substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 1(b) (with transitional provisions in regs. 10-14)

F3

Words in s. 3 substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 1(c) (with transitional provisions in regs. 10-14)

F4

Words in s. 3 substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 1(d) (with transitional provisions in regs. 10-14)

Modifications

C1

S. 3: any reference to 1907 c. 29 shall be construed as a reference to 1949 c. 88 by 1949 c. 88, s. 48(6), Sch. 2