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Trade Mark Infringement.

April 11, 2012

Carruthers law can advise you on bringing or defending proceedings for Trade Mark infringement.

What is a Trade Mark infringement?

Under Section 10 of the Trade Marks Act a person infringes a registered trade mark;

  • If he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered.
  • If the sign is identical with the trade mark and is used in relation to goods or services similar to those for which the trade mark is registered, or
  • If the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered,
  • There exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark.

A person infringes a registered trade mark if he uses in the course of trade a sign which;

  • Is identical with or similar to the trade mark, and,
  • Used in relation to goods or services which are not similar to those for which the trade mark is registered,
  • Where the trade mark has a reputation in the United Kingdom and the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the reputation of the trade mark.

The defendant’s use must be in the course of trade and may be oral, for example, over the radio.

Infringing acts include;

  • Affixing the sign to goods or packaging
  • Offering goods for sale or supplying services under the sign
  • Importing or exporting goods under the sign
  • Using the sign on promotional material

If you think that someone is infringing your registered trade mark, you need to be very careful about how you approach the other party, to ensure that you are not seen to be making an unjustified or groundless threat under section 21 Trade Marks Act.

Ideally, legal advice should be sought before you take any action, as making an allegation of trade mark infringement could result in the other party having a right of action against you for unjustified threats.

For advice on Trade Mark infringement call Carruthers Law today or fill in one of our enquiry forms.