|
Infringement of trade mark rights
A trade mark is infringed if an identical sign
is used commercially in relation to goods or services which are
identical or similar to those of the registered trade mark.
Additionally, a trade mark is infringed where the sign is similar
and is used in relation to goods or services identical with or
similar to those of the registered trade mark if there exists a
likelihood of confusion on the part of the public.
A trade mark with a reputation in the United Kingdom
is also infringed if a sign is used in the course of trade in
relation to goods or services identical with or similar to the trade
mark where the use of the sign takes unfair advantage of, or is
detrimental to, the distinctive character or the repute of the trade
mark.
Defences to trade mark infringement
Trade mark infringement defences includes use of
another registered trade mark in relation to goods or services for
which the latter is registered. Further defences include the use
by a person of their own name or address and the use of
indications concerning the kind, quality, quantity, intended
purpose, value, or geographical origin of the goods or services.
|
