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Ip Infringement Notes

LPC Law Notes > Commercial and IP Notes

Updates Available  

A more recent version of these Ip Infringement notes – written by Cambridge And Oxilp And College Of Law students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our Commercial and IP Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Elective: Commercial & IP Law

Intellectual Property Rights IP Infringement Registered Trade

Mark Infringement

1. What constitutes infringement:
? S.10 TMA 1994 [mirror of S.5 TMA]
S.10(1) TM is identical; in relation to identical goods / services. S.10(2)(a)

Mark is identical; goods are similar to those for which the TM is registered.

S.10(2)(b)

Mark is similar; goods and services are identical or similar to those for which the TM is registered.

S.10(3)??

TM is identical or similar; and Is used in relation to goods which are NOT similar; but Registered TM has reputation in the UK; and The use of the sign takes unfair advantage of OR is detrimental to the distinctive character / reputation of the trademark.

? No need to show an intention / awareness of copying! A registered TM is an absolute monopoly right.

2. What constitutes USING the sign [in order to prove infringement]
S.10(4) (a) person affixes the sign to the goods /
packaging (b) Person offers or exposes the goods for sale; puts them on the market; stocks them for those purposes under the sign (c) Imports / exports the goods under the sign; (d) Uses the sign on business papers or in advertising S.10(6)

It is NOT "using" the Trademark for infringement purposes where party simply uses the TM to identify the proprietor /
licensee. e.g. Comparative pricing advertising

3. Defences S.47: Mark is not validly 1

? Counter claim - challenge the TM on absolute or relative grounds

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