Trademark infringement law uk [Glossary]

Last updated : Sept 5, 2022
Written by : Malcolm Hard
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Trademark infringement law uk

What are the consequences of trademark infringement UK?

Trade mark act 1994 6 months and/or a £5,000 fine. 10 years and/or a fine. 6 months and/or a £5,000 fine. 10 years and/or a fine.

What counts as infringement of a trademark?

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

What is the punishment for infringement of trademark?

Imprisonment for a period not less than six months that may extend to three years. A fine that is not less than Rs 50,000 that may extend to Rs 2 lakh.

What is Rule 45 in Trademark Act?

1. Evidence in Support of Opposition: Rule 45 ofThe Trademark Rules, 2017,states that the opposing party has to produce evidence to support its objection within 2 months (extendable by one month) of receiving the copy of the counter-statement filed by the applicant.

How do you get around trademark infringements?

Contact your legal team or go to attorneys who can handle infringements for you as soon as they are discovered. While the legal process may be time-consuming, legal penalties and sanctions can be one way to prevent scammers from further infringing on your trademark.

How do you fight a trademark infringement?

You may file a declaratory judgment lawsuit, asking a court to declare that your mark does not infringe the trademark owner's mark, and/or that the trademark owner's mark is invalid.

What are 3 things that determine trademark infringement?

Thus, "use," "in commerce," and "likelihood of confusion" are three distinct elements necessary to establish a trademark infringement claim.

What are the 8 elements used to determine infringement of a trademark?

In determining the likelihood of confusion in trademark infringement actions the courts look to these eight factors: the similarity of the conflicting designations; the relatedness or proximity of the two companies' products or services; strength of the plaintiff's mark; marketing channels used; the degree of care ...

Is trademark infringement a crime?

Criminal Trademark Infringement — What Is It? Criminal trademark infringement is the unauthorized and illegal use of someone else's trademark to create confusion between the original and another mark. Businesses spend a great deal of time, energy, and money on the trademarks that represent their brand.

What is Rule 47 in trademark Act?

(1) A notice of opposition to the registration of a trade mark under sub-section (1) of section 21 shall be given in triplicate in Form TM-5 within three months or within such further period not exceeding one month in the aggregate from the date the Journal is made available to the public (which date shall be certified ...

What is Rule 46 in trademark Act?

Within one month of receiving the evidence in support of the opposition under Rule 46, the opponent may file reply evidence in support of his opposition in the form of an Affidavit to rebut the submissions made by the applicant and to further strengthen the case.

Who can sue for trademark infringement?

14. Who can be sued for trade mark infringement? Suits for infringement can be filed against any entity or individual that is found to be using an infringing mark, which includes persons: Selling goods or providing services under the infringing mark.

How can I avoid being sued for trademark infringement?

Most importantly, register your trademark. Registration with the federal trademark office also provides nationwide notice of ownership of your trademark, preventing someone who starts using your trademark later from claiming their use of your mark was in good faith.

What happens if I use someones trademark?

If you use someone's trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.

What happens if you don't enforce your trademark?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

What are the most common defenses to trademark infringement?

The most common defenses in trademark infringement, unfair competition and trademark dilution suits include descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in obtaining the registration, and application of the First Amendment.

How do you prove a trademark is violated?

To establish infringement of a registered trademark, the plaintiff must prove a likelihood of confusion, which generally means that the average consumer of the goods or services at issue would conclude that the goods and services of the defendant originated from or were authorised by the trademark owner.

What is not protected by trademark laws?

Generic terms are not protected by trademark because they refer to a general class of products rather than indicating a unique source.

What are the 4 types of trademarks?

  • Generic. A generic term is a common description that does not receive trademark protection.
  • Descriptive.
  • Suggestive.
  • Arbitrary or Fanciful.

What is the difference between copyright infringement and trademark infringement?

The main difference is that a trademark protects the unique identification of a brand or product (e.g. the logo of a brand) and must be applied for, whereas copyright prevents copying, reproduction, or distribution of specific work (such as music, written words, performances, and films) and is gained automatically if ...

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Trademark infringement law uk

Comment by Shirlene Gudmundsson

wonderful good afternoon thank you very much for joining today's webinar organized by oxford on damage calculations in trademark infringement cases in the united kingdom or more precisely in england and wales i have the great pleasure to introduce to you a very distinguished speaker and very distinguished chair professor mark engelmann and professor is a barrister in london and has been involved in many cases regarding trademark disputes and patent disputes in a whole range of sectors he is um educated for cambridge among others in theology um and he's also a scholar and has done a lot of research also for notre dame university professor petkov is a professor of intellectual property at brunel university in london he's also a barrister and a solicitor accredited in in bulgaria and european trait like a tony probably more by hobby than by profession because he spends most of his time on research and writing up interesting exciting papers so oxford for those who don't know the company has been now running for ten and a half years it is it was started by academics like myself from oxford university and we thought it was important to make the linkage between exciting research in intellectual property law and economics and the needs of practitioners so our work relates very much to valuation of intellectual property damage calculations and the management of ip they're worldwide active we also run a big conference once a year to which i hope will be joining this conference is to be held sometime co-working permitting second half of next year in in germany on ip and competition we also have the next webinar lined up by professor mia pugat from the university of um you know or some university netherlands um talking about ip evaluation i hope you'll join that call too i i was very excited that so many people signed up and found interest in the topic so many experts who actually practice law in new york in england and who certainly have an interest in coming to grips with this damage calculation and the economics of trademark and i think this talk will not only be around the current state of play but also what could perhaps be done to improve the situation or where there are still uncertainties but before i talk forever i passed the floor now on to professor bedko from professor engelmann to run the show for me when i'm peacefully sitting back and enjoying the talks and i'll bring up your screen now um your powerpoint or i could probably also make you the the presenter and then you see let me bring it up i think that's the safest so are you here you go the floor is yours well thank you very much roya and good afternoon everyone um royal was obviously over generous in uh at least presenting me uh she was certainly not of generous uh espheric as far as mark's credentials are concerned and what we do and what is behind this webinars is that for quite some time roy and i have been involved in trying to bring together academia and practitioners close together to really look into new and innovative ways of engaging with questions of innovation not only within the academic sector but also in the ways knowledge transfer could take place and connect what we do what we write about and perhaps inform some of your ideas and some of your views but also what we could learn um from your practitioners perspectives and we've been involved in running for quite some time programs on preparing candidates to pass their patent trademark exam so they could become patent trade marketers but we have also started getting a lot of solicitors embarrassers who do want to develop a specific set of skills relating to intellectual property and hence uh i'm delighted that as part of this collaboration uh we are beginning to see events but also really beginning to start thinking about uh further projects which we could do together and gives me a great pleasure to host and church today mark hageman's presentation for a number of reasons because we have a number of things in common apart from enjoying good wine mark and i uh share passion for uh trademark practice and management uh but also uh we also interested in law and religion and for those of you who would like to hear more about why should practicing lawyers need to know more about how to leverage intellectual property consultancy in connection with religious associations and cultural organizations you better come and attend one of the next things we're plotting together so today uh we are not going to keep the interactive format of our workshops which are the formats you're probably more familiar with uh mug has put together a very informative very interesting presentation about damages uh in trademark infringement and passing off and in a way uh i think we should indulge ourselves by following those because that there really sets his case quite clearly uh and then we'll break up and have more opportunities to kick off with some q a sessions and maybe continue the conversation in a more informal fashion well mark welcome uh to this intellectual symposium and uh we uh look forward to your presentation over to you thank you peter thank you very much roya thank you very much for organizing this and peter thank you for that fantastic and overly kind introduction to me i think the greater focus is probably on my vintner activities rather than my legal activities which is probably true now uh roya i might need just a little bit of assistance to make sure my slides are working and is it the case that to do that ah i see it is working that's fantastic so i'll just go back always been a a fear of mine when undertaking talks over um the internet that the uh slide presentation might not work so let's talk about if i made damages in uh these trademark cases and as we know in trademark law there are two mechanisms uh principally for bringing actions against defendants for using signs or indicia of trade and you can see that i intend to talk about three topics the first is passing off um the second is registered trademark infringement and then the third within registered trademark infringement is of course those three famous sections of the trademarks act 1994 at least sections 10 1 10 2 and 10 3. and the reason i talk about those causes of action is because the word causes of action has become i feel highly relevant to this talk so if i move on to my next slide when we come to passing off one of the early cases called uh draper and twist concerned an action for passing off relating to break lines and i don't know whether you've got any images of that on the screen but uh the defendant sold uh great linings under the trademark of the claim and draper and what the court of appeals said that in the law assumes or presumes that if the good will of a man's business has been interfered with by the passing off of goods damages results there from he need not wait to show that damage has resulted so that in passing off you can consummate and just let's remind ourselves what passing off is it's a claimant has to develop a reputation and a particular trademark and a defendant then by means of a misrepresentation of some sort usually a trade na

Thanks for your comment Shirlene Gudmundsson, have a nice day.
- Malcolm Hard, Staff Member

Comment by Catherin

hey everybody my name is marcelo dominguez and i welcome you back to my trademark channel here you are going to learn about everything trademark related whether you're a small business or medium-sized business online or offline if you haven't subscribed i invite you to do so right now before you even start watching this video if you are wondering how in the world am i going to put a stop to trademark infringement how am i going to stop that person from using my name slogan brand trademark because they've been using it after i started using it then you want to stay tuned and watch everything i have to say because you might take a few take home tips you see trademark infringement is a really big deal it's a big deal on amazon even off of amazon if you have an online store or if you have a brick and mortar store right now the issue is obviously more prevalent in online businesses and on amazon because of what is going on people working more behind their computers rather than visiting brick and mortar locations but the issue of trademark infringement has been around for a really really long time it is such an important issue that you need to make yourself aware of for various reasons which i am going to touch on in this video reason number one you need to know about trademark infringement because if you ever encounter it in other words if somebody sends you a letter letting you know that you have been trademark infringing you might not even know it you didn't know that you were using a slogan or a business name that is already in use by somebody else moreover that business name or slogan or tagline might not even be the exact same one as the one you're using and i'll tell you a little tip it's a little secret more often than not the name you are using is not going to be the exact same as the one that the trademark infringer is claiming you are infringing upon so in other words it might be similar to someone else's and they still might have the right to say that you are trademark infringing and so in those situations you might feel totally caught off guard you think to yourself but mine is so different mine is not the exact same i do not even sell the exact same products well let me tell you there's a lot of gray area when it comes to trademark infringement and i mean gray area in the mind of the consumer so if you're someone that sells on amazon then it's very important for you to know how you're going to approach this situation what am i going to do am i going to respond to this person first am i going to reach out to an attorney first so that is reason number one and i want to address that very question that i left you hanging with right now should you respond to the trademark phone call that lets you know you're infringing should you respond to the letter that tells you you are trademark infringing or should you reach out to an attorney first and my suggestion is always this if you feel you are really in a predicament and you might dig yourself a deeper hole by responding to that letter or to that phone call then i suggest that you reach out to an attorney first you see the information that you provide either on a phone call or through an email or through a letter through any means of communication can be used against you later now that sounds so cliche right it sounds some like something a typical lawyer would say anything you say can and will be used against you but that is the truth so you want to make sure that you are saying and providing information that is accurate and that won't later be used against you so sometimes you have to be careful of how you word things there are different ways to explain facts so you want to make sure that you aren't going to get yourself into any kind of trouble by responding in your choice of words so that's what an attorney is there for to kind of make sure that you're responding in such a way that you aren't digging a deeper hole for yourself now reason number three if you are made aware that you are trademark infringing it might not always be in the form of a phone call or a letter or an email and i'll tell you if you are in the trademark application process there is something called a notice of opposition now a notice of opposition is a formal filing typically by a lawyer through the trademark trial and appeal board that basically tells the trademark trial and appeal board hey i want to put a stop to this person's application for such and such reasons one of those reasons could be trademark infringement so it might not always be in the form of an email or a phone call it's going to come in a circumstance which might not be that familiar to you everybody familiarizes themselves with emails and with phone calls so you know that could be expected but when it comes in the form of a notice of opposition through you know the trademark process or through your trademark journey then it might really throw you off guard i don't want that to set you back so if you're interested in finding out why you received a notice of opposition or if you're interested in being defended against a notice of opposition then make sure that you click down below you have to scroll down into the description so use your mouse keep scrolling until you find the information that you need to be able to contact me remember it's free to send an email so i just want to remind you that responding to a trademark infringement can sometimes be as easy as responding to a phone call and working it out with the other side and if you're somebody who prefers to do all of this in email that is good because it's always great to formalize communications in such a way that you can refer back to them later but i'm not so sure that i would recommend that you should respond on your own with your own words in your own language using your you know using however you would personally respond because that could get you in trouble later now again to recap you could also be receiving a trademark infringement notice through a notice of opposition now i want to give you an example of some of the clients that i've helped without telling you all of the details but what i can say is what i have said already and that is that most of the time you're not going to be contacted by somebody who has the exact same name as the one you're trying to use more often than not it's going to be someone who's using a similar name and so that's also going to throw you off guard so trademark infringement is all about understanding these nuances right um because it is common to get phone calls that say but how how could they be uh telling me that i'm infringing why would i receive a c synthesis letter if mine is different than theirs my spelling the spelling of my name the spelling of my slogan or tagline is different maybe it's different by just a couple of letters maybe it's different by just a couple of words but nonetheless uh consumer confusion in the marketplace is what ultimately drives attorneys to send that cease and desist letter or to oppose someone's trademark so it's really important that if you want to understand what is actually going on that you hire an attorney

Thanks Catherin your participation is very much appreciated
- Malcolm Hard

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