Case No. IP-2015-000152

43.Section 10(2) of the 1994 Act provides: “A person infringes a registered trade mark if he uses in the course of trade a sign where because – (a)the sign is identical with the trade mark and is used in relation to goods or services similar to those for which the trade mark is registered, or (b)the sign is similar to the trade mark and is used in relation to goods or services similar to those for which the trade mark is registered,there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark.” Use of a sign in the course of trade 44.Use of a sign is defined in section 10(4) TMA and includes offering or exposing goods for sale, putting them on the market or stocking them for those purposes under the sign (10(4)(b) TMA). 45.Any use of a sign in the context of commercial activity with a view to economic advantage and not as a private matter, no matter how modest, will be sufficient to satisfy the requirement for ‘use in the course of trade’ (per