Trade Marks and the Statutory background

1 November 2009

There are two ways to protect your mark in the UK. You can rely on the unregistered common law right of passing off or rely on parliament. Since 1875 you have been able to bring an action through trade mark infringement and the Act prior to the most recent was the Trade Marks Act 1938 ('38 Act').

Changes were afoot though and in 1986, statutory protection was introduced by the Trade Marks (Amendment) Act 1984 which allowed for the protection of a service mark as opposed to simply goods.

What really changed the UK’s position in relation to trade marks was the EU, and the push for the harmonisation of trade mark laws across the EU by virtue of a parallel and unitary Community trade mark (CTM) system.

The first harmonisation directive (89/104/EEC) set out a programme for the approximation of trade mark laws throughout the EU and the Trade Marks Act 1994 (TMA) came into force on 31 October 1994. Directive 2008/95/EC replaced 89/104/EEC from 28 November 2008.

Trade Marks Act 1994 here

http://www.opsi.gov.uk/acts/acts1994/Ukpga_19940026_en_1.htm

Directive 2008/95/EC here http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:299:0025:0033:EN:PDF

 

 

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