Trade Mark in UK Law

Leading Cases
  • Thomson Holidays Ltd v Norwegian Cruise Line Ltd
    • Court of Appeal
    • 17 Dic 2002

    In my view that task should be carried out so as to limit the specification so that it reflects the circumstances of the particular trade and the way that the public would perceive the use. If the test of infringement is to be applied by the court having adopted the attitude of such a person, then I believe it appropriate that the court should do the same when deciding what is the fair way to describe the use that a proprietor has made of his mark.

  • Hotel Cipriani SRL and Others v Cipriani (Grosvenor Street) Ltd and Others
    • Chancery Division
    • 02 Mar 2010

    The applicant may believe that he has a superior right to registration and use of the mark. For example, it is not uncommon for prospective claimants who intend to sue a prospective defendant for passing off first to file an application for registration to strengthen their position. Even if the applicant does not believe that he has a superior right to registration and use of the mark, he may still believe that he is entitled to registration.

  • Reckitt and Colman Products Ltd (t/a Colmans of Norwich) v Borden Inc. and Others
    • House of Lords
    • 08 Feb 1990

    Secondly, he must demonstrate a misrepresentation by the defendant to the public (whether or not intentional) leading or likely to lead the public to believe that goods or services offered by him are the goods or services of the plaintiff.

  • H Young (Operations) Ltd v Medici Ltd
    • Chancery Division
    • 14 Jul 2003

    I do not think there is anything technical about this: the consumer is not expected to think in a pernickety way because the average consumer does not do so. In coming to a fair description the notional average consumer must, I think, be taken to know the purpose of the description. Otherwise they might choose something too narrow or too wide. The whole exercise consists in the end of forming a value judgment as to the appropriate specification having regard to the use which has been made.

  • South Cone Inc. v Bessant and Others (t/a Reef)
    • Court of Appeal
    • 28 May 2002

    It is not suggested that he was not experienced in this field, and there is nothing in the Civil Procedure Rules to diminish the degree of respect which has traditionally been shown to a hearing officer's specialised experience. In such circumstances an appellate court should in my view show a real reluctance, but not the very highest degree of reluctance, to interfere in the absence of a distinct and material error of principle.

  • Aristoc Ltd v Rysta Ltd
    • House of Lords
    • 08 Dic 1944

    The word "origin" is no doubt used in a special and almost technical sense in this connection, but it denotes at least that the goods are issued as vendible goods under the aegis of the proprietor of the trade mark, who thus assumes responsibility for them, even though the responsibility is limited to selection, like that of the salesman of carrots on commission in Major v. Franklin, 1908 1 K.B. 712.

  • Compass Publishing BV v Compass Logistics Ltd
    • Chancery Division
    • 24 Mar 2004

    It is frequently said by trade mark lawyers that when the proprietor's mark and the defendant's sign have been used in the market place but no confusion has been caused, then there cannot exist a likelihood of confusion under Article 9.1(b) or the equivalent provision in the Trade Marks Act 1994 ("the 1994 Act"), that is to say s. 10(2). In the latter it must consider notional use on a scale where direct competition between the proprietor and the alleged infringer could take place.

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Books & Journal Articles
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Law Firm Commentaries
  • Cyprus corrects halloumi trade mark mishap
    • JD Supra United Kingdom
    • Dentons
    • 24 de Abril de 2020
    Cyprus regained its UK certification trade mark rights to the word "halloumi" on 31 January 2020 after an administration mishap meant the loss of those rights in 2018. A certification m...
  • UK implements the Trade Mark Directive
    • JD Supra United Kingdom
    • Hogan Lovells
    • 17 de Enero de 2019
    The Trade Mark Directive (EU 2015/2436) came into force in the UK on 14 January 2019, in the form of the Trade Mark Regulations 2018, bringing about a number of key changes to UK trade mark law.
  • UK implements the Trade Mark Directive
    • LexBlog United Kingdom
    • Hogan Lovells
    • 17 de Enero de 2019
    The Trade Mark Directive (EU 2015/2436) came into force in the UK on 14 January 2019, in the form of the Trade Mark Regulations 2018, bringing about a number of key changes to UK trade mark law. Th...
  • Trade Mark Enforcement After Brexit (Podcast)
    • Mondaq UK
    • 18 de Diciembre de 2020
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