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Remedies for Trade Mark infringement


Lawdit Solicitors - Expert Author

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 11 October 2013

Discovered somebody using your registered trade mark without your consent? Below is a list of some of the potential remedies available to you:

Section 14(2) of the Trade Marks Act 1994 provides for the same remedies as are available for infringement of any other property right, in particular:

    An injunction.
    An account of profits.

The TMA 1994 further provides for the following:

    Section 15 an order against an infringer to remove the offending sign or for destruction of goods or materials.
    Section 16 an order to deliver up infringing goods or materials held in the course of business.
    Section 19 orders relating to the destruction goods or materials delivered up subject to section 16.
    Sections 92-98 criminal law sanctions that include fines and even imprisonment!

The High Court has indicated in previous decisions that the relief obtained by a trade mark owner will reflect the conduct and position of the defendant, i.e. where an honest and unwitting infringer admits liability, his punishment may be less harsh that than of a dishonest and flagrant infringer.

Written by Rehana Ali

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2014-01-07 09:13:32 in Legal Articles

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