Trade Marks Act 1994

Summary

The Trade Marks Act 1994 governs the registration and protection of trade marks in the UK. It implemented the EU Trade Marks Directive and provides for a system of registered trade marks through the Intellectual Property Office. The Act defines what constitutes a trade mark, grounds for refusal, infringement, and remedies.

Key Points

• A trade mark is any sign capable of being represented graphically that distinguishes goods/services of one undertaking from another (s.1)
• Registration — Application to the UK Intellectual Property Office; examination for absolute and relative grounds of refusal
• Infringement — Use of identical or similar signs for identical or similar goods/services likely to cause confusion (s.10)
• Duration — Registration lasts 10 years and is renewable indefinitely for further 10-year periods
• Defences — Honest concurrent use, descriptive use, and use of one's own name
• Criminal offences — Unauthorised use of a trade mark with a view to gain or intent to cause loss (s.92)

Parts & Sections

Amendments History