Clause 38

by deleting the words “in the United Kingdom or” in the second line of subsection (1);

by deleting the words “the United Kingdom or” in the seventh and in the twelfth and thirteenth lines of subsection (1);

by inserting, immediately after subsection (1), the following subsection:“(1A) Where an application for protection for a trade mark in respect of services was made in a foreign state before the commencement of the Trade Marks (Amendment) Act 1990, a trade mark in respect of services registered on an application under this section made within 6 months from the date of application for protection in the foreign state shall be registered as of that date.”;

by deleting subsection (3) and substituting the following subsection:“(3) The application for the registration of a trade mark under this section shall, subject to such further requirements as may be prescribed —

be made in the same manner as an ordinary application under Part II; and

specify —

the foreign state in which the application for protection was made;

the date on which such application for protection was made.”;

by deleting the words “the United Kingdom and of” in the first and second lines of subsection (4); and

by deleting subsection (5).