Protection of Trade Marks

Abstract

Section 9 of the 1994 Act confirms the trade mark owner’s exclusive rights. Exercise of those rights by anyone else, without his consent, amounts to infringement. In the case of co-owners, each owner is entitled to exercise the exclusive rights in relation to the trade mark without the other co-owner’s consent. However, all co-owners must consent to the exercise of those rights by a third party. The rights of the owner date from the filing date of the trade mark application, but an action for infringement cannot be commenced until the registration has been granted. Section 14 provides the owner with the authority to sue, based purely upon ownership of the registered trade mark. Unlike passing off, there is no need to establish trade use or reputation.