The following IP guidance note provides comprehensive and up to date legal information covering:
The registration of a trade mark gives the owner the exclusive right to prevent others from using that mark, or a similar mark, without their consent. A trade mark owner may bring an action for trade mark infringement for unauthorised use of the mark (see Practice Note: Trade mark infringement). In order to ensure that other traders are allowed to compete freely and fairly in the market place, however, there are a number of defences and exceptions to trade mark infringement.
Section 11 of the Trade Marks Act 1994 (TMA 1994) provides specific exceptions to trade mark infringement (or limits on the effect of a registered trade mark), which apply even if the trade mark is validly registered. Similar provisions are included in Regulation (EU) 2017/1001.
defendant's use of own registered trade mark for goods/services for which the mark is registered
defendant's use of own name and address (provided the use is in accordance with honest practices in industrial or commercial matters). Pursuant to amendments introduced by the Trade Marks Regulations 2018, SI 2018/825 on 14 January 2019, this only applies to an individual’s name and not the name of a company
defendant's use of signs or indications concerning the characteristics of goods/services, such as kind, quantity, quality, intended purpose, value, geographical origin, time of production (provided the use is
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