Remedies for trade mark infringement
Remedies for trade mark infringement

The following IP practice note provides comprehensive and up to date legal information covering:

  • Remedies for trade mark infringement
  • Brexit
  • Types of remedy
  • Election between damages and an account of profits
  • Damages
  • Account of profits
  • Inquiry
  • Statutory remedies: erasure, delivery up or destruction of infringing goods
  • Injunction
  • Dissemination and publication of judgment
  • More...

This Practice Note outlines the civil remedies available in the UK to the proprietor of a UK trade mark, a comparable trade mark (EU) or a comparable trade mark (IR) for trade mark infringement. For more information about trade mark infringement generally, see Practice Note: Trade mark infringement.

Criminal offences and penalties are considered separately in the Practice Note: Trade mark offences.

Brexit

The most significant impact of Brexit on trade marks is that the UK will no longer be subject to Regulation (EU) 2017/1001 (the EU Trade Mark Regulation) and therefore, from the end of the implementation period (IP completion day), EU trade marks (EUTMs) are no longer protected in the UK. This means it will no longer be possible to assert EUTMs in proceedings before UK courts.

Holders of EUTMs which are registered immediately before IP completion day automatically become the holder of a comparable trade mark registration in the UK. These UK rights retain the filing dates recorded against the corresponding EUTMs and also inherit any priority and/or seniority dates. They are fully independent UK trade marks which can be challenged, assigned, licensed or renewed separately from the original EUTM and therefore can be protected in the same way as any other UK trade mark. These rights are known as a comparable trade mark (EU) or, in the case of a comparable mark derived from

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