Section 2(2) of the Trade Marks Act 1994 (the Act) states that:

(2) No proceedings lie to prevent or recover damages for the infringement of an unregistered trade mark as such; but nothing in this Act affects the law relating to passing off.

Unregistered trade marks are mentioned as one of the earlier rights that may be cited for opposition under relative grounds in s5(4) of the Act, which states:

(4) A trade mark shall not be registered if, or to the extent that, its use in the United Kingdom is liable to be prevented

(a) by virtue of any rule of law (in particular, the law of passing off) protecting an unregistered trade mark or other sign used in the course of trade, or

(b) by virtue of an earlier right other than those r(3) A registered trade mark is not infringed by the use in the course of trade in a particular locality of an earlier right which applies only in that locality referred to in subsections (1) to (3) or paragraph (a) above, in particular by virtue of the law of copyright, design right or registered designs.

Furthermore unregistered earlier rights are mentioned in s113 of the Act, which states:

(3) A registered trade mark is not infringed by the use in the course of trade in a particular locality of an earlier right which applies only in that locality.

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