# Patents, Designs and Marks Act 1986, Paragraph 7

Extent: E+W+S+N.I.

The Patents, Designs, Copyright and Trade Marks (Emergency) Act 1939 shall have effect with respect to service marks as it has effect with respect to trade marks, except that in the application of that Act to service marks it shall have effect as if the following section were substituted for section 3 (power of comptroller to suspend trade mark rights of an enemy or an enemy subject)—
“ Power of comptroller to suspend service mark rights of an enemy or an enemy subject.
3 (1) Where it is made to appear to the comptroller that it is difficult or impracticable to describe or refer to some activity without the use of a service mark registered in respect of that activity, being a service mark which is registered in the name of an enemy or an enemy subject, whether alone or jointly with another, or which is, or has at any such time as aforesaid been, in the proprietorship of an enemy or an enemy subject, whether alone or jointly with another, the following provisions of this section shall have effect.
(2) On the application of any person who proposes to provide in the course of business in the United Kingdom or the Isle of Man services including an activity which is or is intended to be the same as or equivalent to or a substitute for the activity in respect of which the service mark is registered, the comptroller may order that the right to the use of the service mark given by the registration thereof shall be suspended—
(a) so far as regards use thereof by the applicant and any such use thereof by any other person in relation to services connected in the course of business with the applicant as would not be an infringement of the said right if the applicant were the proprietor of the service mark,
(b) to such extent and for such period as the comptroller may consider necessary for enabling the applicant to render well-known and established some description of, or means of reference to, the activity which he proposes to carry on in the course of business, being a description or means of reference which does not involve the use of the service mark.
(3) Where an order has been made under the last foregoing subsection, no action for passing off shall lie on the part of any person interested in the service mark in respect of any use thereof which, by virtue of the order, is not an infringement of the right to the use thereof given by the registration thereof.
(4) An order under this section may be varied or revoked by a subsequent order made by the comptroller.”.

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Source: https://www.legislation.gov.uk/ukpga/1986/39/schedule/2/paragraph/7 (the official version)
Page: https://openlegislation.uk/patents-designs-and-marks-act-1986/schedule-2/paragraph-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.