Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Trade mark definition

What does Trade mark mean? In practice, a trade mark is a sign used in trade to indicate the commercial origin of goods or services and to distinguish one undertaking’s products or services from another’s. In the UK, section 1 Trade Marks Act 1994 (as amended by the Trade Marks Regulations 2018) and, in Ireland, section 6 Trade Marks Act 1996 (as amended) define a trade mark as any sign that is: (i) capable of being represented on/in the register in a manner enabling the authorities and the public to determine the clear and precise subject matter of the protection; and (ii) capable of distinguishing...

Unjustified threats of trade mark infringement in the UK (pre‑1 October 2017): application, exceptions, advisers’ liability and practical guidance

Published by a LexisNexis IP expert

Practice notes

ARCHIVED

This Practice Note is archived and no longer updated. It outlines the pre-amendment law on unjustified threats relating to trade mark infringement, before changes introduced by the intellectual property (Unjustified Threats) Act 2017 (IP(UT)A 2017). Communications issued before 1 October 2017 remain subject to the earlier regime for patents, trade marks and designs, where relevant. Any citations in this Practice Note to the Trade Marks Act 1994 and the Community Trade Mark Regulations 2006 refer to those instruments as they stood before amendment by the Intellectual Property (Unjustified Threats) Act 2017 (IP(UT)A 2017) on 1 October 2017. For details of the current threats regime applying to communications from 1 October 2017 onwards, consult the maintained Practice Note: Unjustified threats of intellectual property right infringement.

Application of the rules

This Practice Note provides an overview of how the UK law on unjustified threats operates and its purpose, as set out in section 21 of the Trade Marks Act 1994 (TMA 1994)...

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Web page updated on 22/05/2026

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