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.

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