trademarks:infringement

 

Infringement occurs when a third party (person or company) makes use of another's registered trade mark ("the sign") (a statutory right) in the course of trade.

 

Under US law there are numerous statutes that are all of a larger statutory scheme known as the Lanham Act, found in Title 15 United States Code, Sections 1051-1127.

 

Under UK law, to constitute an infringement the sign must therefore be used in the course of trade. Using in the course of trade calls for use in the context of a commercial activity with a view to economic advantage, and not as a private matter - see Arsenal Football Club v Matthew Reed [2003] R.P.C. 9.

 

Section 10 of the Trades Marks Act 1994 defines three different potential categories of infringement:

 

(1) The first involves the use of a sign which is identical to the registered trade mark in relation to goods or services which are identical with those for which the mark is registered.

 

(2) The second involves the use of a sign which is identical or similar to the registered trade mark and in relation to goods or services which are identical or similar to those for which the mark is registered and as such there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the registered trade mark.

 

(3) The third involves the use of a sign which is identical or similar to the registered trade mark and in relation to any goods or services whether or not they are similar to those for which the mark is registered and where the registered trade mark has a reputation in the United Kingdom and the use of that sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the already registered trade mark.

 

TAKE NOTICE: If you have a registered trademark and you know that another person or company is making unauthorised use of a mark that is identical or similar to your trademark and as a result you can show that where may either exist confusion between the two undertakings, or that the other side's use is/has taken/is taking unfair advantage of, or is detrimental to, the distinctive character or the repute of your already registered trade mark, then please contact us immediately for preliminary advice.

 

A quotation will be provided to you instantly so call now on 023 8000 1093 or email now on info@jariwalla.com.

 

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