Areas of work

Trade Marks

In addition to the common law right to prevent ‘passing off’, it is possible by registering a trade mark under the Trade Marks Act 1994 to obtain a statutory right to prevent the use of that mark or a mark confusingly similar to it by others. The 1994 Act was enacted to implement EC Council Directive 89/104 to approximate the laws of the Member States relating to trade marks and the ECJ has given considerable guidance on its terms. The 1994 Act effected significant changes in the law relating to registered trade marks but it does not affect the law relating to passing off. Infringement of registered trade mark is actionable by the proprietor (or a licensee)  and all such relief by way of damages, injunctions, accounts or otherwiseis available to him is available in respect of the infringement of any other proprietary right. Members of 5RB appear in all matters relating to trade marks in the Trade Marks Registry, the High Court and at OHIM in Alicante

5 recent Trade Marks cases