Infringment of a registered trade mark

23 October 2009

Infringement of registered trade mark

The relevant act is the Trade Marks Act 1994 in the UK. Section 10 is the section that governs infringement. There are three sub sections to this:-

The first deals with an identical trade mark and identical goods or services ie trademarkoom and trademarkroom!

The second a similar trade mark and similar goods or services ie trademarkroom and the trademarklounge 

The third a similar trademark and dissimilar goods or services ie trademarkroom and trademarklounge where the latter sells furniture and not legal services.

Section 10

(1) 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.

(2) A person infringes a registered trade mark if he uses in the course of trade a sign where because—

(a) 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

(b) 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.

(3) A person infringes a registered trade mark if he uses in the course of trade a sign which—

(a) is identical with or similar to the trade mark, and

(b) is 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 repute of the trade mark.

Michael@trademarkroom.com 

Michael can be contacted via email on michael@trademarkroom.com.