Threats of trade mark infringement—pre 1 October 2017 [Archived]

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

  • Threats of trade mark infringement—pre 1 October 2017 [Archived]
  • Application of the rules
  • Liability of professional advisers
  • Exceptions
  • Practical issues
  • Exceptions
  • Passing off
  • Strategy
  • Without prejudice

Threats of trade mark infringement—pre 1 October 2017 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out the law of unjustified threats of trade mark infringement prior to its amendment by the Intellectual Property (Unjustified Threats) Act 2017 (IP(UT)A 2017. Communications made prior to 1 October 2017 continue to be governed by the old regime in respect of patents, trade marks and designs, as appropriate.

All references in this Practice Note to the Trade Marks Act 1994 and the Community Trade Mark Regulations 2006, are references to the legislation as it was prior to its amendment by the Intellectual Property (Unjustified Threats) Act 2017 (IP(UT)A 2017 on 1 October 2017.

For information about the current threats regime, which applies to communications made since 1 October 2017, see the maintained Practice Note: Unjustified threats of intellectual property right infringement.

Application of the rules

This Practice Note summarises the application and purpose of the law of unjustified threats in the UK, governed by section 21 of the Trade Marks Act 1994 (TMA 1994).

Anyone writing or sending a letter or other communication alleging, or even implying, trade mark infringement in the UK should be aware of this risk, whether they are a trade mark proprietor or a professional adviser alleging infringement on behalf of their client.

The provision relates to all registered trade marks having

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