Trade mark transactions and management

Copyright © 2025 LexisNexis

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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest IP News

Sony fails in bid for summary judgment and strike out in long-standing music dispute (Noel Redding Estate Ltd & another v Sony Music Entertainment UK Ltd)

TMT analysis: In a row over the ownership and exploitation of copyright and performers’ rights in the studio albums of eponymous rock band The Jimi Hendrix Experience (JHE), the Court of Appeal has dismissed Sony’s appeal against the High Court’s decision to refuse Sony’s application for summary judgment and strike out. The outcome in this case illustrates the complexities around the ownership and exploitation of the intellectual property rights of band members and offers helpful guidance on the applicability of seldomly seen transitional provisions relating to performers’ rights under the Copyright, Designs and Patents Act 1988 (CDPA 1988). Written by Marc Linsner , senior associate at Bristows LLP.

Advocate General opinion on pastiche and music sampling (Pelham II))

IP analysis: The case of CG, YN v Pelham GmbH, SD, UP examines whether a two-second sample from the claimant’s song which is used in a hip-hop track qualifies for the pastiche exception under Article 5(3)(k) of Directive 2001/29/EC (the EU InfoSoc Directive). Advocate General (AG) Emiliou opined that, to fall within the pastiche exception, the work at issue must be noticeably different from the source material and must be intended to be recognised as an imitation. The definition of pastiche has not yet been considered by the Court of Justice, potentially making this an important case for creatives industries.

IPO issues new guidance for trade mark applicants following Sky v SkyKick ruling

The Intellectual Property Office (IPO) has published updated guidance for trade mark applicants following the Supreme Court's decision in SkyKick UK Ltd and another v Sky Ltd and others. The Practice Amendment Notice (PAN 1/25) introduces immediate changes to trade mark examination processes, with a focus on preventing bad faith applications involving overly broad specifications.

IP weekly highlights—26 June 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.

View IP by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Passing off—goodwill, misrepresentation and damage

Passing off—goodwill, misrepresentation and damageWhat is passing off?Passing off is a common law tort which protects rights that are not capable of registration or are difficult to register as trade marks (eg colours, get-up and packaging), or rights that had not been registered formally, but have

Parallel imports—UK

Parallel imports—UKThe legal frameworkThis Practice Note explains trade mark law on parallel trade. Parallel imports, or ‘grey market’ goods, are genuine goods that are placed on the market by, or with the consent of, the rights holder but are imported for sale into a particular market without the

Absolute and relative grounds for refusal to register a UK trade mark

Absolute and relative grounds for refusal to register a UK trade markAbsolute and relative groundsA 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.Any mark may be registered as a trade mark

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some
Passing off—goodwill, misrepresentation and damage

Passing off—goodwill, misrepresentation and damage

Passing off—goodwill, misrepresentation and damageWhat is passing off?Passing off is a common law tort which protects rights that are not capable of registration or are difficult to register as trade marks (eg colours, get-up and packaging), or rights that had not been registered formally, but have

Parallel imports—UK

Parallel imports—UK

Parallel imports—UKThe legal frameworkThis Practice Note explains trade mark law on parallel trade. Parallel imports, or ‘grey market’ goods, are genuine goods that are placed on the market by, or with the consent of, the rights holder but are imported for sale into a particular market without the

Absolute and relative grounds for refusal to register a UK trade mark

Absolute and relative grounds for refusal to register a UK trade mark

Absolute and relative grounds for refusal to register a UK trade markAbsolute and relative groundsA 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.Any mark may be registered as a trade mark

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some