Conferred Rights
The owner of a trademark cannot legally defend his mark against infringements. In order to do so, the trademark must either be registered, or have been used for a period of time so that it has acquired local distinctiveness (Prior Rights).
The extent to which a trademark is defendable depends upon the similarity of the marks involved, the similarity of the products/services involved and whether the trademark has acquired distinctiveness.
A registered trademark is relatively simple to defend in a court of law. An unregistered mark relies on the law of passing off (where one party's goods or services are presented in a way that causes confusion between them and the goods or services of another party).
Rights have also been recently extended with regard to well-known marks.
The Trade Marks Act 1994 states that "a person infringes a registered trade mark if he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered" (section 10(1) of the Act). A person may also infringe a registered trade mark where the sign is similar and the goods or services are similar to those for which the mark is registered and there is a likelihood of confusion on the part of the public as a result (section 10(2)).
A person also infringes a registered trade mark where a sign is identical but the goods are dissimilar if the trade mark has a reputation in the UK and its use takes unfair advantage of, or is detrimental to, the mark’s distinctive character or reputation (section 10(3)).
Read more about this topic: United Kingdom Trade Mark Law
Famous quotes containing the words conferred and/or rights:
“As we looked up in silence to those distant lights, we were reminded that it was a rare imagination which first taught that the stars are worlds, and had conferred a great benefit on mankind.”
—Henry David Thoreau (1817–1862)
“Unfortunately, I am involved in a freedom ride protesting the loss of the minority rights belonging to the few remaining earthbound stars. All we demanded was our right to twinkle.”
—Marilyn Monroe (1926–1962)