(Protection of Names and Uniforms).

sions of sections fifty-eight and seventy-two of the Act, A.D. 1926.. have a perpetual copyright in the designs so registered, notwithstanding anything in section fifty-three of the Act.

Nothing in this Act shall prevent the continued use 5 of any mark or device which has been bonâ fide used as a trade mark before the coming into force of this Act.

3. This Act may be cited as the Chartered Associa- Short title tions (Protection of Names and Uniforms) Act, 1926.

(Protection of Names and Uniforms).

A

BILL

[AS AMENDED BY STANDING COMMITTEE A]

то

Protect the names, uniforms, and badges of
associations incorporated by Royal Charter.

E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows:

A.D. 1926.

1.-(1) His Majesty may from time to time, by Protection Order in Council made on the application of any associa- of name, tion incorporated by Royal charter not being an asso- uniform, ciation representative of any profession or business, chartered 10 protect

15

20

(a) the name of the association; and
(b) any special name or designation specified in the
Order and used by the association for the
members thereof, or for the members of any
organisation constituted by the association in
pursuance of their charter; and

(c) any uniform with distinctive markings or badges
used by the association and described in the
Order; and

(d) any badge to be worn without uniform used by
the association and described in the Order.

Provided that nothing in any such Order or in this Act shall deprive any bonâ fide national organisation of the right to use any designation, uniform, or badge

&c. of

associa

tions.

(Protection of Names and Uniforms).

A.D. 1926. which at the time of the passing of this Act is in regular use by that association.

(2)-(i) An Order in Council under this section shall not be made unless notice of the application for an Order has been given in such manner and accompanied by such 5 particulars as the Secretary of State may direct.

(ii) The Secretary of State shall consider any objections to an Order which are made by or on behalf of any persons or societies affected or likely to be affected by the Order.

10

(iii) An Order in Council under this section shall be laid as soon as may be before both Houses of Parliament, and if an address is presented to His Majesty by either House of Parliament within the next subsequent twentyone days on which that House has sat next after any 15 such Order is laid before it, praying that the Order may be annulled, His Majesty in Council may annul the Order, and it shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder.

(iv) Any Order in Council under this Act may be 20 amended or revoked by a subsequent Order in Council.

(3) Where the use by an association of any name, designation, uniform, or badge has been so protected, a person shall not, without the authority of the association, use the name, designation, uniform, or badge the use of 25 which is so protected, or any name, designation, uniform, or badge so closely resembling the name, designation, uniform, or badge the use of which is protected as to lead to the belief that it is that name, designation, uniform, or badge.

(4) If any person acts in contravention of this section, he shall be liable in respect of each offence, on summary conviction, to a fine not exceeding ten pounds:

30

Provided that this section shall not prevent any person from wearing or using any uniform, badge, or 35 distinctive marking in the course or for the purpose of a stage play or representation, or a music-hall or circus performance, pageant or cinema, if the uniform, badge, or distinctive mark is not worn or used in such a manner or under such circumstances as to bring it into contempt. 40

(5) Where on an application made by or on behalf of an association to which this Act applies any such uniform or badge as is mentioned in subsection (1) of

(Protection of Names and Uniforms).

this section has at any time been registered under A.D. 1926. Part II. of the Patents and Designs Act, 1907, an Order in Council under this Act may be made on the application of that association for protecting that uniform or 5 badge notwithstanding that the copyright in respect thereof has expired.

tive marks.

c. 29.

2. No association shall adopt, use, or prescribe Copyright in connection with or as part of the uniform or equip- in distincment of its members any article (other than badges or 10 decorations) in respect of which or any part of which 7 Edw. 7. any design shall have been registered under the Patents and Designs Act, 1907, or any amendment thereof, unless the owner of such registered design shall without fee or reward be ready and willing to permit and shall 15 permit the use of such registered design by any person, firm, or corporation willing to supply such article to any member or members of such association.

Nothing in this Act shall prevent the continued use of any mark or device which has been bonâ fide used as a 20 trade mark before the coming into force of this Act.

3.-(1) This Act may be cited as the Chartered Short title Associations (Protection of Names and Uniforms) Act, and appli1926.

(2) This Act shall not apply to Northern Ireland.

cation.