Q&As

A 50% shareholder has registered a trade mark in the name of the company in which it owns shares, without having been authorised by the director to do so. Is the shareholder able to take such action on behalf of the company? Can the company be bound to the registration?

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Published by a LexisNexis IP expert
Published on: 14 January 2022
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Trade mark registrations as property

The registration of UK trade marks is governed by the Trade Marks Act 1994 (TMA 1994) and the Trade Mark Rules 2008, SI 2008/1797. The UK trade mark register is administered by the UK Intellectual property Office (UKIPO).

A UK trade mark registration is a property right obtained by the registration of the trade mark under TMA 1994 and the proprietor of a registered trade mark has the rights and remedies provided by TMA 1994, s 2.

Trade mark registrations and applications are objects of personal property (TMA 1994, ss 22, 27). For more information about trade mark registrations as property, including the licensing

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Jurisdiction(s):
United Kingdom
Key definition:
Trade mark definition
What does Trade mark mean?

Section 1 of the Trade Marks Act 1994 defines 'trade mark' as any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

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