Trade mark infringement and interim injunctions
Produced in partnership with CMS

The following IP practice 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
  • The application notice
  • Service and notice periods
  • Criteria for grant
  • Factors to be taken into account
  • Delay
  • Search orders
  • Procedure
  • More...

Trade mark infringement and interim injunctions

IP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK law as ‘IP completion day’), transitional arrangements ended and significant changes began to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?

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

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

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