Home > Reading Room > Trade mark infringement

Trade mark infringement

Written by Michael Coyle on 18 November 2012

« Return to Reading Room

The main specific forms of trade mark infringement arise:

  1. Where a person uses a sign that is identical to the trade mark and is used in relation to identical goods and/or services for which the trade mark has been registered: s10(1) of the Trade Marks Act 1994. 
  2. Where a person uses a sign that is identical or similar to the trade mark and is used in relation to identical or similar goods and/or services for which the trade mark has been registered and there exits a likelihood of confusion on the part of the public (including the likelihood of association). s10(2)(a)&(b) of the Trade Marks Act 1994. 
  3. Where a person uses a sign that is identical or similar to the trade mark and the trade mark has a reputation in the UK and the use is without due course and takes unfair advantage of or is detrimental to the distinctive character or repute of the trade mark. s10(3) of the Trade Marks Act 1994.
If you'd like to know more about this article please send an email to Martin O'Brien quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

Want to speak
to someone?

Complete the form below and we’ll call you back free of charge.

Visual Captcha