A trade mark is a form of intellectual property right. It is a sign used to distinguish the goods and services of one undertaking from those of another. It enables consumers to identify goods or services as originating from a particular company or relating to a certain product or service.

In practice, trade mark (trademark) infringement is unauthorised use of a sign in the course of trade that conflicts with a registered trade mark. It covers: (1) use of an identical sign for identical goods or services (double identity); (2) use of an identical or similar sign for identical or similar goods or services where there is a likelihood of confusion (including association); and (3) use of an identical or similar sign for any goods or services where the registered mark has a reputation and the use takes unfair advantage of, or is detrimental to, the mark’s distinctive character or repute.In England & Wales, Scotland and Northern Ireland it is defined by section 10 Trade Marks Act 1994; in Ireland by section 14 Trade Marks Act 1996. The tests are broadly aligned. Use must be “in the course of trade”; defences include descriptive use, own name (subject to limits), comparative advertising and exhaustion, requiring honest practices. Unregistered signs are protected by passing off, not trade mark infringement.Remedies include interim injunctions (interdicts in Scotland), damages or account of profits, delivery up or destruction, costs, and criminal sanctions for counterfeiting. EU trade marks protect in Ireland but not the UK.

In practice, a trade mark owner is the person or entity that controls and can enforce rights in a sign used to distinguish goods or services, whether the rights are registered or unregistered. Statutes in the UK (Trade Marks Act 1994) and Ireland (Trade Marks Act 1996) use the term “proprietor” for a registered trade mark; “owner” is the common descriptive expression. Usage and effect are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland.For registered rights, the owner is the person recorded on the UKIPO or Irish register. Registration confers exclusive rights to prevent infringement, to licence, assign and charge the mark, and to rely on the register to prove title. Co-ownership is possible. Assignments must be in writing, and recording transfers or licences is essential to protect priority and enforceability against third parties.For unregistered rights, the owner is the party that owns the relevant goodwill; protection is via passing off (or the equivalent in Scotland). Such rights cannot be assigned separately from the goodwill of the business.Ownership determines standing to sue or defend infringement, seek revocation or invalidity, consent to use, and manage a brand’s chain of title.

Trademark registration is the process of obtaining statutory protection for a trade mark by filing and securing its entry on an official register, typically to protect a brand name, logo, slogan or other sign used in trade. In the UK, registration is governed primarily by the Trade Marks Act 1994 and administered by the UK Intellectual Property Office, while in Ireland it is governed by the Trade Marks Act 1996 and administered by the Intellectual Property Office of Ireland. Registration grants the proprietor exclusive rights in the mark for the goods and services specified, enabling infringement actions, easier enforcement at customs and online platforms, and the creation and assignment or licensing of a registrable intellectual property asset. Key features include examination on absolute and relative grounds, publication and opposition, renewal (usually every ten years), and the possibility of revocation or invalidity. Usage and core legal effects are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, although procedural aspects and case law differ between the UK and Irish regimes. Practitioners will also consider UK, EU and international (Madrid Protocol) registrations as complementary routes to protection.

A trademark search is the process of checking existing registered and unregistered trade marks and brand names to assess whether a proposed mark is available and legally usable. In UK and Irish practice it is a descriptive term, not a defined statutory concept, but is central to trade mark clearance and risk assessment.A trademark search typically covers identical and confusingly similar marks on the UKIPO, EUIPO and WIPO registers (for relevant designations), the Irish Patents Office register, and common law “passing off” rights identified through company names, domain names and marketplace use. It is usually conducted before filing a trade mark application, launching a new brand, or undertaking corporate or commercial transactions involving IP.The legal analysis focuses on the likelihood of confusion, overlaps in goods and services, and potential opposition, infringement or passing off claims. While procedures and registries differ slightly between the UK and Ireland, the underlying concepts of distinctiveness, similarity and confusion are broadly consistent. In practice, trademark searches underpin advice on registrability, freedom to operate, brand strategy and the drafting of warranties and indemnities in commercial agreements.

A ‘trader’ is a person acting for purposes relating to that person’s business, trade, craft or profession (including the activities of any government department or local or authority'>public authority), whether acting personally or through another person acting in the trader’s name or on the trader’s behalf. ‘Trader’ also includes a person acting in the name of or on behalf of a trader.

Law360, London: Repeated failure by the courts to ensure that two former traders imprisoned for rigging benchmark interest rates were given a fair trial has fueled criticism of radical reforms to roll back jury trials in complex fraud cases to ease pressure on the judicial system.

A coalition of global financial trade associations—including the Global Financial Markets Association (GFMA), the Association for Financial Markets in Europe (AFME), the Securities Industry and Financial Markets Association (SIFMA) and the Asia Securities Industry & Financial Markets Association (ASIFMA)—has called on the Basel Committee on Banking Supervision (BCBS) to pause and revise the Cryptoasset Exposures Standard (SCO60) ahead of its scheduled implementation January 2026. The letter, supported by Boston Consulting Group, Ashurst and Sullivan & Cromwell, raises concerns that the current prudential framework may be excessively conservative and not reflective of actual risks. An accompanying report also sets six priorities for distributed ledger (DLT) adoption, including legal clarity, interoperability and regulatory alignment, and highlights use cases demonstrating efficiency and resilience benefits in capital markets.

What does this Practice Note cover? This Practice Note explains the trading of over-the-counter (OTC) derivatives on electronic trading platforms (ETPs) and covers: • the ways in which OTC derivatives may be traded • the reasons for increased trading of OTC derivatives on ETPs • the types of OTC derivatives that can be traded on ETPs, and • the documentation required for trading OTC derivatives on ETPs What are the different methods of trading OTC derivatives? OTC derivatives may be executed through various mechanisms, including: • voice execution • electronic trading platforms (ETPs), and • hybrid systems Voice execution An OTC derivative is a bi-lateral contract. Traditionally, OTC derivatives were negotiated and agreed either directly between the two counterparties, or through a broker, using voice execution, which means using either telephone or internet messaging. By contrast, exchange traded derivatives (ETDs) were, and continue to be, traded only on organised, regulated trading venues. These trading venues are known as futures exchanges. For general information on OTC derivatives and ETDs, see Practice Notes: • OTC

Trading Standards Scotland (TSS) has announced the relaunch of the Scottish Anti-Illicit Trade Group (SAITG), supported by the UK Intellectual Property Office (IPO). The SAITG brings together law enforcement, government bodies and industry representatives including the Scotch Whisky Association (SWA) and Police Scotland to combat trade of counterfeit goods. The initiative aims to develop coordinated strategies and best practices for tackling intellectual property crime, following IPO research showing counterfeit imports worth £7bn entered the UK in 2021.

Trading Standards Wales has published its Manifesto 2026 and the ACTSO Wales Impacts and Outcomes Report 2024/25 on 23 December 2025. The Manifesto sets out policy recommendations ahead of the 2026 Senedd Elections, calling for sustained funding and support to enable Trading Standards teams to respond to emerging legislation and policy developments. The document requests sustainable investment, stronger national and regional partnerships, and political recognition of Trading Standards' role in consumer protection and business regulation. Trading Standards Wales represents 20 local authority Trading Standards services across Wales, comprising nearly 300 officers who protect consumers, safeguard fair business practices, and support legitimate traders. The organisation works with the Welsh Local Government Association, Welsh Government, National Trading Standards, HMRC, and industry partners to ensure regulatory compliance and consumer protection across Wales.

Trading Standards Wales has reported on the multi-agency operation, 'Operation Walt', which used a Facebook advert calling for licensed waste carriers to supply a quote to remove waste from the Lon Las area. Those who responded, did not show up on the Natural Resources Wales/ Environment Agency waste carrier database, and were called to collect the waste at an appointed time. One of the waste carriers who attended was stopped by police. The carrier had not applied to renew his licence and was issue a £300 Fixed Penalty Notice (FPN). Another carrier was found to be a disqualified driver and his vehicle was seized, and he was not licenced to carry waste, resulting in a £300 FPN.