Remedies for Trade Mark Infringement

10 December 2010

The remedies for trade mark infrnigement are similar to those for infringement of other intellectual property rights:

- an injunction (interim or final);

- damages or an account of profits;

- erasure of the mark or distruction of the offending items;

- delivery up of the offending items.

In addition to the civil penalties under the TMA there are also several criminal offences relating to the unauthorised use of a trade mark (s92). A person commits an offence where offering goods for sale or hire: under a mark that is identicall (or likely to be mistaken for an existing registered trade mark), with a view to gain for himself or another or with intent to cause loss to another and wihtout the owner's consent.

The maximum criminal penalties are on summary convictin up to six months' imprisonment and / or a fine off up to £5k or on indictment up to ten years' imprisonment and / or an unlimited fine.

Finally the owner of intellectual property rights may apply to HMRC to seize goods coming into the UK wheere the rights owner suspects that such goods infringe their intellectual property rights - Goods Infringing Intellectual Property Rights (Customs) Regulations 2004.

Ben can be contacted via email on ben@trademarkroom.com.