Remedies for Trade Mark infringement

Discovered somebody using your registered trade mark without your consent? Below is a list of some of the potential remedies available to you:

Section 14(2) of the Trade Marks Act 1994 provides for the same remedies as are available for infringement of any other property right, in particular:

  • Damages.
  • An injunction.
  • An account of profits.

The TMA 1994 further provides for the following:

  • Section 15 – an order against an infringer to remove the offending sign or for destruction of goods or materials.
  • Section 16 – an order to deliver up infringing goods or materials held in the course of business.
  • Section 19 – orders relating to the destruction goods or materials delivered up subject to section 16.
  • Sections 92-98 – criminal law sanctions that include fines and even imprisonment!

The High Court has indicated in previous decisions that the relief obtained by a trade mark owner will reflect the conduct and position of the defendant, i.e. where an honest and unwitting infringer admits liability, his punishment may be less harsh that than of a dishonest and flagrant infringer.

Need further advice? Click the link to contact us

If you’d like to know more about this article please send an email to Michael Coyle quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

share this Article

Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp
Share on email

Recent Articles