Trade Marks in UK Law

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Leading Cases
  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • Berlei (U.K.) Ltd v Bali Brassiere Company Inc.
    • House of Lords
    • 06 May 1969

    Before 1875, when registration of Trade Marks began, there could be property in a trade mark: the right of property in a distinctive mark was acquired by a trader merely by using it upon or in connection with his goods irrespective of the length of such user and without proof of recognition by the public as a mark distinctive of the user's goods: that right of property would be protected by an injunction restraining any other person from using the mark.

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Books & Journal Articles
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Law Firm Commentaries
  • Brexit & EU/UK trade marks
    • Mondaq UK
    • 8 de Agosto de 2020
  • What Brexit Means for EU Trade Marks
    • JD Supra United Kingdom
    • Dorsey & Whitney LLP
    • 27 de Junio de 2016
    On 23 June 2016 the United Kingdom electorate took the historic decision in a national referendum that the country should leave the European Union. How will that impact EU trade marks (known until ...
  • IP Update – EU Trade marks
    • JD Supra United Kingdom
    • International Lawyers Network
    • 17 de Mayo de 2016
    At the start of 2016 we highlighted the impending changes to IP law in the European Union (EU) and what to expect over the coming months when the new legislation is introduced. This article focuse...
  • Brexit Manoeuvres: Brexit and Trade Marks
    • JD Supra United Kingdom
    • Dechert LLP
    • 13 de Septiembre de 2019
    With a “no-deal” scenario looking increasingly more likely, what should brand owners be doing to prepare for 31 October this year? EU trade marks in the UK - Once the UK leave...
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