Trade mark infringement

The main specific forms of trade mark infringement arise:

  1. Where a person uses a sign that is identical to the trade mark and is used in relation to identical goods and/or services for which the trade mark has been registered: s10(1) of the Trade Marks Act 1994.Â
  2. Where a person uses a sign that is identical or similar to the trade mark and is used in relation to identical or similar goods and/or services for which the trade mark has been registered and there exits a likelihood of confusion on the part of the public (including the likelihood of association). s10(2)(a)&(b) of the Trade Marks Act 1994.Â
  3. Where a person uses a sign that is identical or similar to the trade mark and the trade mark has a reputation in the UK and the use is without due course and takes unfair advantage of or is detrimental to the distinctive character or repute of the trade mark. s10(3) of the Trade Marks Act 1994.

share this Article

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

Recent Articles