Trademark Infringement

A trademark is a unique mark of identification for an individual or business allowing them to differentiate their company, products or services from those of competitors. Trademarks are typically in the form of a name or word but can also be represented graphically. A trademark is only protected from infringment if it has been registered, in which case the owner of the trademark may commence legal proceedings against a party which infringes that registration. A trademark which is not registered cannot be infringed as such, and the trademark owner cannot bring trademark infringement proceedings.

Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorisation of the trademark owner or any licensees. Trademark infringement may occur when one party, the ‘infringer’, uses a trademark which is identical or similar to a trademark owned by another party in the course of a trade. The main types of infringment are: use of an identical sign for identical goods or services, use of an identical or similar sign for similar goods or service leading to a likelihood of confusion, and use of an indentical or similar sign if the use is detrimental to or takes unfair advantage of the original trademark.

A party accused of trademark infringement may be able to defeat infringement proceedings if it can establish a valid exception e.g. comparative advertising. There are also defences to infringement such as invalid registration of the tradmark or honest use of the trademark. If you would like to bring infringment proceedings against someone or have had infringement proceedings brought against you then it is very important that you seek legal advice immediately.

If you would like to obtain legal advice on trademark infringement then Contact Law can put you in touch with a local specialist intellectual property solicitor free of charge. So, if you have any questions or would like our help in finding local trademark infringement solicitors please call us at 0800 1777 162 or complete the web-form above.