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...

Trade Mark Infringement and Passing Off Litigation Precedents: Letters Before Action, Parallel Imports, ISP Notice-and-Take-Downs, Pleadings, Witness Statements and Orders (England and Wales)

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Practice notes

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Introduction

This document offers swift access to Precedents connected to trade mark infringement and passing off. These cover letters of claim and the principal statements of case used to commence and progress trade mark infringement and passing off actions.

Precedents

Letter of claim—trade mark infringement

See Precedent: Letter of claim—trade mark infringement.

This Precedent provides a letter of claim (also known as a letter before action or a cease and desist letter) for situations involving an alleged trade mark infringement. A letter of claim alerts the alleged infringer that court proceedings may follow. The courts regard litigation as a measure of last resort, so parties are urged to address disputes early through dialogue and the exchange of information and documents. Issuing a letter of claim facilitates communication between the parties and can lead to settlement without commencing proceedings. After correspondence, the infringement may cease and the trade mark owner may, by agreement, recover damages for loss or the parties may agree a licence arrangement. If issuing proceedings becomes inevitable...

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Web page updated on 22/05/2026

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