Trade Mark Infringement

A recent ECJ ruling will provide welcome news to trade mark proprietors. The ruling confirms that trade mark proprietors who consider that a third party’s use of a later-registered trade mark is an infringement of their own mark can potentially bring successful infringement proceedings, even if they have not challenged the validity of the later mark. In many cases, it will mean remedies can be secured more quickly than has previously been the case.

This checklist highlights the key IP rights that businesses need to be aware of.