Trade mark infringement and interim injunctions
Produced in partnership with CMS
Trade mark infringement and interim injunctions

The following IP guidance note Produced in partnership with CMS provides comprehensive and up to date legal information covering:

  • Trade mark infringement and interim injunctions
  • Interim prohibitory injunctions
  • Procedure
  • Criteria for grant
  • Search orders
  • Norwich Pharmacal Orders
  • Online infringement

This Practice Note explores the use of interim relief in trade mark proceedings.

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—IP rights.

Owing to the nature of trade mark rights and the commercial arrangements relating to them, the various types of interim relief available in English proceedings can be particularly valuable to claimants in trade mark disputes.

In particular, the following types of order are relevant:

  1. interim prohibitory injunctions

  2. search orders

  3. Norwich Pharmacal Orders

Interim prohibitory injunctions

In cases of trade mark infringement, considerable damage can be suffered by the trade mark owner during the early stages of the infringement. For example:

  1. if a competing product enters the market under a confusingly similar mark, the resulting consumer confusion is likely to cause the trade mark owner to become less able to distinguish its goods or services in the market. Such confusion and dilution will reduce the value of the trade mark

  2. the launch period is also the crucial period for a new product to establish itself in the market. The infringing product can therefore gain a