A trade mark registration is infringed by anyone using a trade mark which is the same or confusingly similar to the registered trade mark in relation to goods/services the same or similar to those covered by the trade mark registration.

When assessing whether there is infringement, it is usually necessary to show that confusion or deception of the public is likely as a consequence of the infringer’s actions.

The Fair Trading Act and the tort of passing off also generally prohibit conduct in trade which is likely to mislead and deceive the public. As a consequence, where the trade mark owner has reputation in its trade mark, use of a confusingly similar mark in a similar business field is likely to lead to confusion and deception, and thereby be unlawful.

If you want advice as to whether or not your rights have been infringed, or whether or not you are infringing somebody else’s rights, a trade mark specialist will contact you with further information, cost estimates and advice by [click here]