Chapter 5 Trade Mark infringement, remedies & revocation

Question 1

What is the rationale for providing that trade marks are potentially infringed only by a party acting in the course of trade?

Answer 1

The system of trade marks is intended to protect elements of commercial identity. This will not normally be threatened by activities that do not occur in the course of trade, and a range of other issues and rights may also come into play. To grant too broad a level of protection to the owner of a mark might mean, for example, that it would be impossible for a journalist to write a story criticising business.

Question 2

How long is the duration of a trade mark?

Answer 2

This could be indefinitely, but is starts with a term of 10 years with an option to renew for another 10 years.

Question 3

Which forms of conduct constitute trade mark infringement UK?

Answer 3

The unauthorised usage of a mark that is identical or deceptively similar to a registered trademark. The term deceptively similar here means that when an average consumer looks at the mark, it is likely to confuse him/her of the origin of the goods or services.

Question 4

What kind of remedies are available to a trade mark owner in the event of infringement? (4)

Answer 4

1. Damages
2. Injunctions
3. Accounts of profit
4. Delivery-up, but not available after 5 years.

Question 4

What kind of remedies are available to a trade mark owner in the event of infringement? (4)

Answer 4

1. Damages
2. Injunctions
3. Accounts of profit
4. Delivery-up, but not available after 5 years.

Question 5

For infringement steps see:

Answer 5

Revision notes chapter 5!