Claim form (trade mark infringement and passing off)—the contents
Claim form (trade mark infringement and passing off)—the contents

The following IP guidance note provides comprehensive and up to date legal information covering:

  • Claim form (trade mark infringement and passing off)—the contents
  • The purpose of the claim form
  • Guidance on completing a claim form for trade mark infringement and/or passing off
  • Court venue
  • Claim number and issue date
  • Claimant’s name and address including postcode
  • Defendant’s name and addresses including postcode
  • Brief details of the claim
  • Value
  • Statement of truth

Produced in partnership with Andrew Bowler Sean Ibbetson and Lucie Fortune of Bristows LLP

The purpose of the claim form

A claim form is the document used to start proceedings. It contains information relevant to the proceedings, including: the court reference number to be used on all subsequent court documents; the parties to the proceedings; what is being claimed; particulars of the claim (including any claim for interest); and contact details for the claimant, generally the claimant's solicitor.

Guidance as to the contents of a claim form generally can be found in the Practice Note: Claim form—the contents.

This Precedent provides an N1 claim form (CPR Part 7) (06.16) containing suggested text for use in relation to a claim for trade mark infringement and/or passing off. The form sets out guidance as to the specific points which should be taken into account when completing a claim form for use in such proceedings.

The claim form is part of a suite of Precedents for use in an action for trade mark infringement and/or passing off, and should be read in conjunction with the following Precedents:

  1. Particulars of claim (trade mark infringement and passing off)

  2. Defence and counterclaim (trade mark infringement and passing off)

  3. Reply and defence to counterclaim (trade mark infringement and passing off)

  4. Final order (trade mark infringement and passing off)

In particular, it should be read in conjunction with