Infringement Essay Example | Topics and Well Written Essays - 1000 words

Infringement - Essay Example Section 10 of the Trade Mark Act 1994 states. 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, in specifically addressing the question at hand concerning Adam, (b) the sign is similar to the trademark 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. In English statute or case law, there is no definition for what is use as a mark. Use as a mark will depend on the facts of each case, in particular, the nature of the mark and the goods and services concerned. English case law indicates that the judges are looking for use which is taken by the public as a badge of origin, in other w ords as an indication that the goods and services are from a particular trader. This requirement is not the same as a requirement that the relevant public should know the identity of owner’s of trade marks, but nevertheless associate the marks of products with a particular trade origin. It will be more difficult for an applicant or proprietor to show use as a trade mark with very non-distinctive marks or where the use has been mainly in conjunction with another trade mark.