A Guide To Trademark Infringement Law In The Uk

Trademark is a unique identity of your business. However, the infringement of a trademark refers to the unauthorized use of the trademark. Trademark infringement can lead to major confusion and misunderstanding about the actual brand. The misunderstanding can be associated with the goods and services of a particular brand or business. Moreover, the unauthorized use of a trademark can affect the brand value of the original business. Any business owner can take legal actions with the assistance of a Trademark infringement lawyer in the UK if their business trademark is replicated by fraudsters. The court has the right to bring a ban to the use of duplicate trademarks by any other business.

Acts associated with unauthorized use of Trademark in the UK

The UK government has a set of strict rules to deal with the use of Trademark infringement. We have simplified them for you.

Section 10(1) TM Act

Any unofficial third party uses a mark that is similar to an authorized trademark. The trademark must be recreated without just modification. Even minimum modification from the existing trademark is considered identical that leads to the case of Trademark infringement.

Section 10(2)(a) & (b) TM Act

Suppose, Any unofficial third party uses a similar trademark on similar services and goods; in this case, it may create confusion to identify the origin of the goods and also enhances the opportunities of getting confused between two brands using an identical trademark.

Section 10(3) TM Act

When an unofficial third party utilizes an identical trademark on the same services or goods and benefits from an incorporated trademark and gains an unfair advantage, the particular company that replicates the original trademark is subjected to legal actions.

Initially, a trademark is registered for a particular trade. If someone violates the rules, the original owner of the trademark may consult a Trademark infringement lawyer in the UK to implement the legal actions.

Is there any protection for unregistered trademarks?

Generally, The UK government has not set any rules for an unregistered trademark and there is no remedy if it is copied.

However, according to worldwide Trademark Registration Experts, the right of an unregistered trademark can also be protected under the law  ‘’Passing off’. It ensures the right of an unprotected trademark and prevents one from copying the trademark of another business.

However, as per the Intellectual Property Office, the passing off process is also dependant on several circumstances like;

  • To what extent, a company is trading under the unregistered trademark and how long the duplicate trademark is in use;
  • If both trademarks are similar enough based on the trade;
  • The limit of the damage that the confusion causes to the goodwill of a business;

However, if you feel that your business trademark is copied, you may consult our experts.

How to deal with trademark Infringement in the UK?

Suppose, your business trademark is copied or infringed, you should immediately contact the Trademark infringement lawyers in the UK. Experienced lawyers can check the present status of your trademark and guide you to take legal action. But before consulting Trademark Watchdog Services, make sure that your trademark is registered. If not, please state the matter clearly to the lawyers.

B2B trademark issues can be dealt with under civil law. Take note that replicating the intellectual property is considered a crime. However, before proceeding to any action, the UK Intellectual Property authority generally offers you the chance to resolve the issue without involving legal procedure. In this case, make sure to consult an expert.

Hire experienced Trademark infringement lawyers in the UK

If you have found that your business trademark has been replicated, you may contact the most experienced Trademark infringement lawyers in the UK at eLegal Consultants. Here, you can avail trademark infringement and registration services under the same shade.

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