Remedies for Trade Mark infringement
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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
Section 14(2) of the Trade Marks Act 1994 provides for the same
remedies as are available for infringement of any other property right,
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
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
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Article Published/Sorted/Amended on Scopulus 2014-01-07 09:13:32 in Legal Articles
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