Remedies for trade mark infringement

One of the key benefits of having a registered trade mark is the exclusive rights that are provided to the owner of the mark which prevents other third parties from using the mark name/ logo.

If you have a registered trade mark and have recently discovered another application that you believe may be infringing your trade mark rights fear not! In accordance to section 14 of the Trade Marks Act 1994 (the ‘Act’), an infringement of a registered trade mark is actionable by the proprietor of the trade mark and there are a number of potential remedies available to the owner that mark, such as:

Account for profits

One of the remedies available to the proprietor of a trade mark is for the infringer in question to pay over to the owner all profits made from the infringement.

Damages

Another remedy available to the proprietor of a trade mark is an order for the infringer to pay damages by way of a monetary compensation.

Injunction

The court may make an order for the infringer in question to cease the infringing acts, i.e. cease from using the registered mark.

Other orders which may be made against the infringer include but are no limited to: an order for the infringer to destruct infringing of goods or materials and an order for the infringer to deliver up infringing goods or materials held in the course of business.

In line with the above, it is of upmost importance for business owners and brand owners to ensure they are not infringing anyone else’s existing rights as infringing those rights could land them in hot water. To protect yourself from infringing, it is recommended that you conduct prior registry searches. You can carry out a search independently or have the experts here at Lawdit do this for you.

If you have recently discovered a brand that you feel is infringing your registered rights, contact Lawdit Solicitors today where a member of our team would be happy to assist.

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