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Chapter CG68210

Document Cited authorities 2 Cited in Related
Vincent
Published date12 March 2016
Record NumberCG68210

The term “trade mark” refers to a name or symbol used to identify the goods produced by a particular manufacturer or distributed by a particular dealer that distinguishes them from products associated with competing manufacturers or dealers. It can also refer to a name or symbol used to identify services provided by one undertaking from those provided by other undertakings.

A trade mark cannot be registered unless and until the holder makes a successful application under the provisions of the Trade Marks Act 1994 or a similar Act in non-UK jurisdictions. Following registration a trade mark will revert to its unregistered status if it is not renewed at the end of its initial registration period.

Unlike the position for registered trade marks, see CG68220, there is no right of action for infringement of an unregistered trade mark. The only protection available in law for an unregistered trade mark would be by means of an action for “passing off”. Passing off is a wrongful invasion of a right of property vested in the claimant. The right which is protected by an action for passing off, however, is not the claimant’s proprietary right in the unregistered mark, name, logo etc which the defendant has...

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