Trademark protection in the UK.

Trade mark protection in the UK is granted by statutory rights. In addition, Common Law offers another form of protection with the tort of passing off. The passing off action aims to protect a merchant's reputation and goodwill. This action can only be considered as an addition to the rights offered by the "trade mark act 1994" as it is often difficult to prove and more expensive than an action for trade mark infringement.

A UK trade mark owner has an exclusive right to use the mark in commerce and is conferred a right to defend the mark against unauthorised use by others. However, the mark may be challenged by revocation and declarations of invalidity.

Regulations applicable to the trade mark owner's exclusive rights and infringement are subject to UK and European law.

The mark has an essential function: identifying the origin of goods or services. Use of the mark for purposes other than trade may be authorised in a limited number of exceptional contexts. One is the freedom of speech exception, where a mark can be cited for illustration purposes in an article or book.

According to the UK trade mark Act 1994, infringement of a trade mark involves the following elements. The infringing mark must: - be used in the UK; - be used in the course of trade; - be used in connection with some goods and services designated by the trade mark registration (or request); - create a likelihood of confusion for the public or affect the functions of the trade mark, in particular its essential function of guaranteeing to consumers the origin of the goods or services (ECJ, Case C-17/06 Celine SARL Vs Celine SA).

According to the ECJ, the likelihood of confusion must be ascertained from the point of view of the average consumer (ECJ, Case C-251/95 Sabel BV Vs Puma).

Asserting the risk of confusion and the infringing character of a trade mark with regard to a third party right is a complex legal matter.

For more information about UK trade mark protection please consult our site http://register-your-trademark.co.uk

Find our more on this from Register Your Trademark.