The Trade Marks (Isle of Man) (Amendment) Order 2025

Made: 11th June 2025

Coming into force: 10th July 2025

At the Court at Buckingham Palace, the 11th day of June 2025Present,The King’s Most Excellent Majesty in Council

His Majesty, in exercise of the powers conferred on Him by section 108(2) of the Trade Marks Act 1994[^f00001], is pleased, by and with the advice of His Privy Council, to order as follows:

Citation and commencement

1

This Order may be cited as the Trade Marks (Isle of Man) (Amendment) Order 2025 and comes into force on 10th July 2025.

Amendments to the Trade Marks (Isle of Man) Order 2013

2

The Schedule to the Trade Marks (Isle of Man) Order 2013[^f00002] is amended in accordance with the Schedule to this Order.

Extent

3

This Order extends to England and Wales, Scotland, Northern Ireland and the Isle of Man.

Schedule — Amendments to the Trade Marks (Isle of Man) Order 2013

1

The Schedule to the Trade Marks (Isle of Man) Order 2013 is amended as follows.

2

For paragraph 17, substitute—

(17) (1) In section 56(1) (protection of well-known trade marks)— (a) after “Paris Convention” insert “or the WTO agreement”; (b) in paragraph (a), after “national of” insert “the United Kingdom or”; (c) in paragraph (b), after “establishment in,” insert “the United Kingdom or”. (2) In section 56(2)— (a) after “Paris Convention” insert “or the WTO agreement”; (b) for the words from “his mark” to “confusion” substitute— the well known trade mark— (a) in relation to identical or similar goods or services, where the use is likely to cause confusion, or (b) where the well known trade mark has a reputation in the United Kingdom and the use of the other trade mark— (i) is without due cause, and (ii) takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the well known trade mark (3) After section 56(2) insert— (2A) Subsection (2)(b) applies irrespective of whether the goods or services in relation to which the other trade mark is used are identical with, similar to or not similar to those for which the well known trade mark is entitled to protection. (17A) In sections 57(2) and (3) (national emblems etc. of Convention countries) and 58(2) (emblems etc. of certain international organisations) after “Paris Convention” insert “or the WTO agreement”.

Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

Explanatory Note

This Order amends the Schedule to the Trade Marks (Isle of Man) Order 2013 (S.I. 2013/2601) to make further modifications to the Trade Marks Act 1994 (c. 26) (“the 1994 Act”) in its application to the Isle of Man.

The modifications made by virtue of this Order to the 1994 Act correspond to amendments made to that Act (as it has effect in the United Kingdom) by the Trade Marks (Amendment) Regulations 2022 (S.I. 2022/1303).

A full regulatory impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. A copy of this instrument is available on the Legislation UK website www.legislation.gov.uk. A copy of this instrument is also available from the Intellectual Property Office, Concept House, Cardiff Road, Newport, NP20 8QQ.

Footnotes

[^f00001]: 1994 c. 26.

[^f00002]: S.I. 2013/2601, amended by S.I. 2018/1157 and S.I. 2019/1335.