trade mark infringement

A registered trade mark is a property right whereby the owner that grants exclusive rights in relation the use of the trade mark. When the trade mark is used by a person without the owner’s consent, that person infringes the trade mark, and remedies are available to the owner to prevent an ongoing infringement, including damages for past infringements.

The proprietor of a registered trade mark has rights conferred to them under the Trade Marks Act which allows them to prevent unauthorised use of the trade mark by third parties in respect to the goods or services specified on the Register without his consent. Furthermore, Article 16 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPs’) prescribes that trade mark proprietors should have ‘ .. the exclusive right to prevent all third parties not having the owner’s consent from using in the course of trade identical or similar signs for goods or services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion’. However, as with other property rights, registered trade marks can be bought or sold or a licence granted to others in respect of it.

Usage: The defendant pleaded a defence to trade mark infringement.

Related Words: registered trade mark; intellectual property rights.