Intellectual Property Enterprise Court

Claim No: IP-2022-000076 - [2024] EWHC 88 (IPEC)

Fecha: 24-Ene-2024

LAW

LAW

Trade Marks

61.

Section 10 TMA provides so far as is relevant to this case:

(1)

(2)

A person infringes a registered trade mark if he uses in the course of trade a sign where because –

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

The sign is similar to the trade mark and is used in relation to goods or services identical with or 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.

(3)

A person infringes a registered trade mark if he uses in the course of trade, in relation to goods or services, a sign which –

Is identical with or similar to the trade mark,

....

where the trade mark has a reputation in the United Kingdom and the use of the sign, being without due cause, takes advantage of or is detrimental to the distinctive character or the repute of the trade mark.

(3A) Subsection (3) applies irrespective of whether the goods and services in relation to which the sign is used are identical with, similar to or not similar to those for which the trade mark is registered.

…

62.

The parties agree that Brexit has not made any difference to the legal position in this case, as section 10 TMA has not been amended since Brexit took legal effect. Accordingly both pre- and post-Brexit legal authorities are relevant.