Trade Mark Litigation in the UK (England and Wales): Overview

Trade mark litigation in the UK (England and Wales)

The guide walks you through trade mark litigation in this jurisdiction under the following main topics:

• Sources of law: national and EU legislation, and international treaties
• Court system: opposition, absolute grounds, relative grounds, invalidation/revocation, and limitation periods
• Substantive Law: unregistered trade marks, passing off, unfair competition, expiry, surrender and defences
• Parties to litigation; trade mark holders, co-owners, licensees, distributors, other parties and targeting and declaratory judgments
• Enforcement options: civil proceedings, criminal proceedings, border measures, cease and desist unjustified threats, cross-border injunctions, arbitration, and alternative dispute resolution 
• Procedure in Civil Courts: infringement proceedings, fast-track proceedings, documents, evidence, pre-trial discovery, and other mechanisms
• Preliminary Relief: preliminary injunction, interim relief applied for without notice 
• Final Remedies: permanent injunction, monetary remedies, destruction, publication of the decision, recall, declaration of infringement, damages, appeal, and costs

Access the full guide in PDF below or visit Practical Law (Thomson Reuters) for this and more Global Guides.

Trade Mark Litigation in the UK (England and Wales) Overview_PL

Authored by Alastair Shaw, Peter Elkin, and Francesca Hughes.