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Trade Mark Infringement

Written by Aneela Akbar on 22 April 2013

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In the UK, trade mark infringement is where a registered trade mark is used without the owner’s consent.  Trade mark infringement can occur in one of the following ways:

(1) The mark used by the infringer is identical to the owners registered trade mark and is used in relation to identical goods and/or services for which the owners registered trade mark is used for.

(2) The mark used by the infringer is identical to the owners registered trade mark and is used in relation to similar goods and/or services for which the owners registered trade mark is used for.

(3) The mark used by the infringer is similar to the registered trade mark and is used in relation to goods and/or services which are identical or similar for which the owners registered trade mark is used for.

The law of infringement on UK trade marks is set out in the Trade Marks Act 1994.

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