Trade mark transactions and management

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What is a trade mark?

A trade mark’s essential function is to be a badge of origin. It distinguishes the goods and services of one undertaking from those of other undertakings. Trade marks are often in the form of words, slogans or logos, but may also comprise items including sounds, three-dimensional symbols, smells, colours, multimedia clips, patterns and holograms. However, in order to fulfil their function, they need to fulfil a range of criteria as set out below.

It is possible to rely on both registered and unregistered trade mark protection in the UK.

Trade mark legislation in the UK

The law relating to UK trade mark registrations is set out in the Trade Marks Act 1994 (TMA 1994).

TMA 1994 implemented Directive (EU) 2015/2436 into UK law (and previously, its predecessors, Directive 89/104/EEC and Directive 2008/95/EC).

The amendments to TMA 1994 to implement Directive (EU) 2015/2436 into UK law were introduced via the Trade Marks Regulations 2018, SI 2018/825, from 14 January 2019.

The Trade Marks (Amendment etc) (EU Exit) Regulations 2019, SI 2019/269 and the Designs and

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Latest IP News

Supreme Court clarifies trade mark post-sale confusion (Iconix v Dream Pairs)

IP analysis: The Supreme Court has held that post-sale confusion can amount to an actionable infringement and is not confined to being assessed in a subsequent transactional context. It also rejected the argument that extraneous post-sale circumstances cannot be taken into account when assessing similarity between a trade mark and sign. While rejecting these arguments on errors of law, the Supreme Court nevertheless upheld the appeal, finding the Court of Appeal had been wrong in assessing the trial judge’s conclusion as irrational, and were not justified in substituting their own different views on similarity and likelihood of confusion. The decision cements the status of post-sale confusion as an actionable infringement, and delivers a reminder of the remit of appellate courts and the circumstances in which multifactorial assessments of the trial judge should be reevaluated. Written by Nick Smee, partner at Browne Jacobson LLP.

IP weekly highlights—3 July 2025

Welcome to this week’s edition of the IP weekly highlights: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.

Court of Justice to rule on AI and copyright in a landmark case against Google

EU law analysis: Boriana Guimberteau, partner, and Pauline Desjours, associate, of Stephenson Harwood AARPI, consider the request preliminary ruling involving Goole before the Court of Justice on the articulation of copyright rules and generative AI technologies.

Commission opens consultation on geographical indications delegated regulation

The European Commission has launched a consultation on a draft delegated regulation that will supplement Regulation (EU) 2023/2411 on geographical indications (GIs) for craft and industrial products. The draft regulation specifies requirements for GI application documentation, submission procedures to the European Union Intellectual Property Office (EUIPO), direct registration criteria, and appeal processes. The consultation period runs from 30 June 2025 to 28 July 2025.

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