What can people still use it for?
Section 11 of the 1994 UK Trade Marks Act states the exceptions
to the exclusive rights of a trade mark proprietor, e.g. which uses of
which signs do not constitute infringement of the proprietor’s trade
mark rights.
These exceptions are:
a) use of another registered trade mark in relation to the goods or
services protected by this registration (this does not affect the right
to invalidate the registration on the grounds specified in s. 47)
b) use by a person of his own name and address
c) use of descriptive indications (as defined in s. 3(1)(c) of the Act)
d) use of the proprietor’s trade mark where it is necessary to
indicate the intended purpose of a product or service (in particular,
as accessories or spare parts)
whereby b), c) and d) have to be in accordance with honest
practices in trade.
e) use of an earlier, locally restricted, unregistered right, which must
be continuously used from a date prior to (whichever is the earlier
of) either use or registration of the registered trade mark. Use of
the unregistered right in that locality must be protected by virtue of
any rule of law (e.g. the law of passing off).
Nothing on this site constitutes legal advice, an offer, an offer to treat or a legal relationship.
Always check with your IP consultant.
