Trademark Infringement

The Trademarks Act 1994 sets out the circumstances under which someone will be liable for trademark infringement:

• An identical sign is used in relation to identical goods;
• An identical sign  is used in relation to similar goods or services, causing a likelihood of confusion;
• A similar sign with identical or similar goods is used, causing a likelihood of confusion; and/or
• An identical or similar sign with a reputation in the UK, taking unfair advantage of or being detrimental to the character or reputation of the trademark.

What Remedies Are Available for Trademark Infringement?

If a claim for trademark infringement is successful, the owner of the registered mark may be entitled to remedies such as:

• An injunction preventing the defendant from using the trademark without permission in the future;
• Delivery up and/or destruction of the goods complained of;
• Damages or an account of profit; and
• Contribution to legal costs

• Our intellectual property experts advise clients on a broad range of intellectual property matters, from initial registration and exploitation to protection and enforcement.
• Our specialist IP litigation team is also highly experienced in handling business disputes involving intellectual property.
• Myerson is a member of the Intellectual Property Lawyers Association (IPLA), an association of law firms with an established intellectual property office. Our membership provides our clients and us with access to a wealth of knowledge and expertise in intellectual property.
• Through our many years of service, we have close working relationships with trade mark and patent attorneys and regularly liaise with them on a wide range of intellectual property issues, such as registering trademarks, patents and design rights, and when disputes arise concerning intellectual property rights. These working relationships are a key element of the service we offer to our clients.
• Myerson is also the Manchester and Cheshire law firm member for the MSI Global Alliance, a top 20 ranked international association of independent professional firms. As the IP matters we deal with often involve an international element, we can call upon the expertise and knowledge of our fellow MSI members to ensure that our client's global interests are protected.