{"id":1843,"date":"2022-01-17T05:33:22","date_gmt":"2022-01-17T05:33:22","guid":{"rendered":"https:\/\/uk.legalvision.com.au\/?p=1843"},"modified":"2025-01-12T22:34:56","modified_gmt":"2025-01-12T22:34:56","slug":"defences-trade-mark-infringement","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/intellectual-property\/defences-trade-mark-infringement\/","title":{"rendered":"What are Some Defences to Trade Mark Infringement in the UK?"},"content":{"rendered":"\n

If you have a business in the UK, consider registering a trade mark<\/a>. You may also wonder if you can use someone else\u2019s business name because it would suit your business perfectly. However, using someone else\u2019s assets without permission can leave you liable for trade mark infringement. This article will explain what trade mark infringement is in UK law and potential defences if someone accuses you of trade mark infringement.<\/p>\n\n\n\n

What is a Trade Mark?<\/h2>\n\n\n\n

A trade mark registration is a form of intellectual property protection<\/a> that gives owners the exclusive right to use their trade mark about the goods and services they have covered on their registration. <\/p>\n\n\n\n

A trade mark could be made up of words, logos, sounds, symbols or colours. Alternatively, it can be a combination of any of these. Notably, the trade mark must distinguish your business from others. Businesses will usually register a trade mark for their business name or logo<\/a>.<\/p>\n\n\n\n

Trade Mark Infringement<\/h2>\n\n\n\n

You are infringing on someone else\u2019s registered trade mark rights if you use their name, logo or other sign in the course of business<\/a>, for similar goods and services to those covered in that registration. You may also infringe if you use an asset that is too similar to a registered trade mark.\u00a0<\/p>\n\n\n\n

\n

For example, if you develop a logo that is so similar to a registered trade mark that it confuses customers, you could be accused of trade mark infringement.<\/p>\n<\/div>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n

\n
\n Need legal advice?\n
\n \n Call 0808 196 8584<\/a> for urgent assistance.\n
\n Otherwise, complete this form, and we will contact you within one business day.\n <\/span>\n <\/div>\n\n \n\n
\n