Current Legislation in the UK Governing Registered Trade Marks

2242 WordsJan 31, 20189 Pages
The current legislation in the UK governing registered trade marks is contained in the TMA 1994 and governs trade marks registered in UK register with the UK intellectual Property Office. (IPO) in Newport, Gwent. The TMA 1994 was introduced as a result of the EU Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to Trade Marks which was in turn codified as Directives 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the law relating to trade marks. Intellectual Property Law: Text, Cases, and Materials By Tanya Aplin, Jennifer Davis PG 384 Infringement of trade marks/ what constitutes TM? We are about to discuss about the proprietor’s right to prevent third parties from infringing trademarks which are being governed by Article 5 of the TMD. According to Article 5(1), there will be an infringement of trademarks if third party uses similar or identical signs to the trade mark in the course of trade. As an alternative way to protect trademark infringements, the UK has incorporated another legislation through the directive, which is s10(3) of TMA 1994 with the effect of an anti-dilution provision. As stated under Article 5(2) : ”Any Member State may also provide that the proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade any sign which is identical with, or similar to, the trade mark in relation to goods or services

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