Infringement
What is trade mark infringement?
If you use an identical or similar and confusable trade mark for identical or similar goods or services to a trade mark already in use - you are likely to be infringing the earlier mark.
The earlier trade mark does not need to be a registered trade mark as unregistered trade marks are protected under Common Law. This is known as Passing Off.
I think that I maybe infringing, what should I do?
In the first instance, cease trading under the infringing trade mark because legal action may be taken against you. If you continue to trade it could make matters worse.
If you wish to continue trading you should approach the trade mark owner and attempt to negotiate a settlement. This could result in you acquiring the trade mark, or getting a licence to use the trade mark. In the worst-case scenario, you will have to change your trade mark and re-brand your products or service.
I think that someone else maybe infringing, what should I do?
Get legal advice, you may be able to get a court order to force the infringer to cease trading. You should then consider whether to negotiate or to take legal action for compensation. However, infringement actions must be taken to the High Court, we do not handle such actions.
