Trade mark infringement and passing off precedents

Published by a LexisNexis IP expert
Practice notes

Trade mark infringement and passing off precedents

Published by a LexisNexis IP expert

Practice notes
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Introduction

This document contains quick links to the Precedents relevant to trade mark infringement and passing off. These include letters of claim and the main statements of case to start and then run trade mark infringement and passing off proceedings.

Precedents

Letter of claim—trade mark infringement

See Precedent: Letter of claim—trade mark infringement. This is a Precedent letter of claim (also referred to as a letter before action or a cease and desist letter) for use when there is an alleged trade mark infringement. A letter of claim is a letter that puts an alleged infringer on notice that court proceedings may be brought against them. The courts take the view that litigation should be a last resort. Therefore, parties are encouraged to resolve their disputes at an early stage by communicating with each other and exchanging information and documentation. A letter of claim gives the opportunity for communication between the parties and for resolution of the dispute often without the need to issue proceedings. Following an exchange of letters the infringement may stop and the trade mark

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Jurisdiction(s):
United Kingdom
Key definition:
Trade mark definition
What does Trade mark mean?

Section 1 of the Trade Marks Act 1994 defines 'trade mark' as any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

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