Jurisdiction(s):
United Kingdom

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...

PD57AC-Compliant Trial Witness Statement Precedent: Trade Mark Infringement and Passing Off (High Court IP List/IPEC, England and Wales)

Published by a LexisNexis IP expert

Precedents

[ Insert party on whose behalf the statement is made—eg claimant ]

[ Insert name of witness—eg ‘Jane Smith’ or ‘J Smith’ ]

[ Insert number of witness statement—eg FIRST ]

[ [ Insert Exhibits—eg JS1–JS15 ] ]

[ Date ] [ [ Date of translation ] ]

Case No. [ insert number ]

IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES

INTELLECTUAL PROPERTY LIST (ChD)

[ INTELLECTUAL PROPERTY ENTERPRISE COURT (IPEC) ]

BETWEEN

[ insert full name of claimant—eg PINK VELVET LIMITED ] Claimant

and

[ insert full name of defendant ] Defendant

[ FIRST ] WITNESS STATEMENT OF JANE SMITH

I, JANE SMITH, of 3 Business Park, Business Town, England, state as follows:

I am the Chief Executive Officer of pink velvet limited and have held that role since [ insert date ]. This is my [ first ] Witness Statement in these proceedings. [ I am the same Jane Smith who has prepared [ insert number ] previous Witness Statements in this action. ]
I am duly authorised to provide this Statement on behalf of the Claimant...

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Daniel Byrne

Venner Shipley

Daniel Byrne is a Partner and Barrister with extensive experience in intellectual property disputes and transactions. He has spent many years dealing with complex and technical patent matters and he has experience of multijurisdictional litigation and coordination, particularly across Europe where he spent two years practising in Paris.He has acted for clients across the full range of intellectual property rights at all levels of tribunal and has been a Deputy District Judge in the County Court since 2015. He also sits in the Intellectual Property Enterprise Court to hear, primarily, trade mark and copyright claims. He sits on the consulting editorial board for LexisNexis IP and contributes to journals and academic programmes....

Web page updated on 22/05/2026

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