Grow your retail business
- 4 steps
UK Act of Parliament
1994
United Kingdom
Trade Marks Act 1994
At a glance
Enforced by
What's here
20 compliance obligations, 14 practical guides across 5 topics · 11 journeys · 1 statutory instrument
Penalty landscape
2 of 20 obligations carry an unlimited fine. 5 carry different penalties and 13 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 7
- Director or Officer 1
- Applicant 1
Plus 11 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Grow your tech business
- 4 steps
Start a retail business - compliance essentials
- 1 step
Respond to a Trading Standards investigation
- 2 steps
Start a fintech business
- 1 step
Run a tech business
- 3 steps
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
7 guidesSupporting — topic alignment
5 guidesMentioned in related content
2 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Directors and Officers also bound by 425 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 161 duties
- Companies Act 2006 2006 108 duties
- Insolvency Act 1986 1986 72 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 55 duties
- The Housing Administration (England and Wales) Rules 2018 2018 26 duties
Applicants also bound by 294 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 46 duties
- Human Medicines Regulations 2012 2012 30 duties
- The Land Registration Rules 2003 2003 25 duties
- Value Added Tax Regulations 1995 1995 18 duties
- Space Industry Regulations 2021 2021 14 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — Registered trade marks
Order as to disposal of infringing goods, material or articles.
Other duties (1) — Crown / regulator
- Courts must decide on the disposal of seized infringing goods Tribunal / Court
Registration of transactions affecting registered trade mark.
- Register trade mark transactions and licences with the IPO Any Person
Application for registration.
- Submit a complete application for trade mark registration Applicant
Examination of application.
Other duties (1) — Crown / regulator
- IPO must examine trade mark applications and allow for amendments Statutory regulator
Publication, opposition proceedings and observations.
Other duties (1) — Crown / regulator
- Registrar must publish trade mark applications and notify of any observations Statutory regulator
Browse 56 other sections in this Part — procedural / definitional / commencement
Trade marks.
Registered trade marks.
Absolute grounds for refusal of registration.
Specially protected emblems.
Relative grounds for refusal of registration.
Grounds for refusal relating to only some of the goods or services
Meaning of “earlier trade mark”.
Raising of relative grounds in opposition proceedings in case of non-use
Raising of relative grounds in case of honest concurrent use.
Power to require that relative grounds be raised in opposition proceedings.
Rights conferred by registered trade mark.
Infringement of registered trade mark.
Right to prevent goods entering the UK without being released for free circulation
Prohibition on the use of a trade mark registered in the name of an agent or representative
Limits on effect of registered trade mark.
Non-use as defence in infringement proceedings
Exhaustion of rights conferred by registered trade mark.
Registration subject to disclaimer or limitation.
Action for infringement.
Order for erasure, &c. of offending sign.
Order for delivery up of infringing goods, material or articles.
Meaning of “infringing goods, material or articles”.
Period after which remedy of delivery up not available.
Jurisdiction of sheriff court or county court in Northern Ireland.
Threats of infringement proceedings
Actionable threats
Permitted communications
Remedies and defences
Professional advisers
Supplementary: pending registration
Supplementary: proceedings for delivery up etc.
Nature of registered trade mark.
Co-ownership of registered trade mark.
Assignment, &c. of registered trade mark.
Trusts and equities.
Application for registration of trade mark as an object of property.
Licensing of registered trade mark.
Exclusive licences.
General provisions as to rights of licensees in case of infringement.
Exclusive licensee having rights and remedies of assignee.
Date of filing.
Classification of trade marks.
Claim to priority of Convention application.
Claim to priority from other relevant overseas application.
Withdrawal, restriction or amendment of application.
Registration.
Registration: supplementary provisions.
Duration of registration.
Renewal of registration.
Alteration of registered trade mark.
Surrender of registered trade mark.
Revocation of registration.
Grounds for invalidity of registration.
Effect of acquiescence.
Collective marks.
Certification marks.
Part II — European Union trade marks and international matters
Notification under Article 6ter of the Convention.
Other duties (1) — Crown / regulator
- IPO must maintain a public register of protected state and international symbols Statutory regulator
Browse 13 other sections in this Part — procedural / definitional / commencement
Meaning of “European Union trade mark”
Power to make provision in connection with European Union Trade Mark Regulation.
Certain trade marks registered as European Union trade marks to be treated as registered trade marks
The Madrid Protocol.
Power to make provision giving effect to Madrid Protocol.
Certain international trade marks protected in the European Union to be treated as registered trade marks
The Paris Convention.
Protection of well-known trade marks: Article 6bis.
National emblems, &c. of Convention countries: Article 6ter.
Emblems, &c. of certain international organisations: Article 6ter.
Acts of agent or representative: Article 6septies.
Similarity of goods and services
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Part III — Administrative and other supplementary provisions
The register.
Other duties (1) — Crown / regulator
- Registrar must maintain a public register of trade marks Statutory regulator
Information about applications and registered trade marks.
Other duties (1) — Crown / regulator
- Registrar must provide trade mark information and access to documents Statutory regulator
Registrar’s annual report.
Other duties (1) — Crown / regulator
- Registrar must publish an annual report on trade mark activities and finances Statutory regulator
Registrar’s appearance in proceedings involving the register.
Other duties (1) — Crown / regulator
- Registrar must participate in court proceedings involving trade mark validity Statutory regulator
The trade marks journal.
Other duties (1) — Crown / regulator
- Registrar must publish trade mark applications in a journal Statutory regulator
Unregistered persons not to be described as registered trade mark agents.
Unlimited fine- Misrepresent as a registered trade mark agent Any Person
Unauthorised use of trade mark, &c. in relation to goods.
10 years imprisonment- Use a registered trade mark without the owner’s consent Any Person
Falsification of register, &c.
2 years imprisonment- Make false entry in trade mark register Any Person
Falsely representing trade mark as registered.
Fine up to £1,000- Falsely represent a trade mark as registered Any Person
Forfeiture: England and Wales or Northern Ireland.
Other duties (1) — Crown / regulator
- Courts may order forfeiture and destruction of infringing goods Tribunal / Court
Forfeiture: Scotland.
Unlimited fineOther duties (1) — Crown / regulator
- Courts in Scotland may order forfeiture of infringing goods Tribunal / Court
Browse 28 other sections in this Part — procedural / definitional / commencement
The registrar.
Rectification or correction of the register.
Adaptation of entries to new classification.
Power to require use of forms.
Costs and security for costs.
Evidence before registrar.
Exclusion of liability in respect of official acts.
Registration to be prima facie evidence of validity.
Certificate of validity of contested registration.
The court.
Appeals from the registrar.
Persons appointed to hear and determine appeals.
Power of Secretary of State to make rules.
Fees.
Hours of business and business days.
Recognition of agents.
The register of trade mark attorneys
Regulation of trade mark attorneys
Power to prescribe conditions, &c. for mixed partnerships and bodies corporate.
Use of the term “trade mark attorney”.
Privilege for communications with registered trade mark agents.
Power of registrar to refuse to deal with certain agents.
Infringing goods, material or articles may be treated as prohibited goods.
Power of Commissioners of Customs and Excise to make regulations.
Power of Commissioners for Revenue and Customs to disclose information.
Search warrants
Enforcement function of local weights and measures authority.
Supplementary provisions as to summary proceedings in Scotland.
Part IV — Miscellaneous and general provisions
Unauthorised use of Royal arms, &c.
Fine up to £500- Unauthorised use of Royal arms or royal emblems Any Person
Reproduction of trade marks in dictionaries, encyclopaedias etc.
- Correct trade mark reproductions in dictionaries and reference works Any Person
Offences committed by partnerships and bodies corporate.
10 years imprisonment Amended 1 time- Personal liability for trade mark offences by company officers or partners Director or Officer
Minor definitions.
Amended 2 timesIndex of defined expressions.
Amended 19 timesBrowse 8 other sections in this Part — procedural / definitional / commencement
Burden of proving use of trade mark.
Adaptation of expressions for Scotland.
Transitional provisions.
Consequential amendments and repeals.
Territorial waters and the continental shelf.
Extent.
Commencement.
Short title.
Schedules
Browse 133 other Schedules — structural / supplementary
Consequential amendments
Repeals and revocations
Collective marks
The provisions of this Act apply to collective marks subject...
(1) An amendment of the regulations governing the use of...
The following provisions apply in relation to an authorised user...
(1) The following provisions (which correspond to the provisions of...
Apart from the grounds of revocation provided for in section...
Apart from the grounds of invalidity provided for in section...
In relation to a collective mark the reference in section...
(1) Notwithstanding section 3(1)(c), a collective mark may be registered...
(1) A collective mark shall not be registered if the...
(1) An applicant for registration of a collective mark must...
(1) A collective mark shall not be registered unless the...
(1) The registrar shall consider whether the requirements mentioned in...
The regulations shall be published and notice of opposition may...
The regulations governing the use of a registered collective mark...
Certification marks
The provisions of this Act apply to certification marks subject...
The regulations governing the use of a registered certification mark...
(1) An amendment of the regulations governing the use of...
The assignment or other transmission of a registered certification mark...
The following provisions apply in relation to an authorised user...
In infringement proceedings brought by the proprietor of a registered...
Apart from the grounds of revocation provided for in section...
Apart from the grounds of invalidity provided for in section...
In relation to a certification mark the reference in section...
(1) Notwithstanding section 3(1)(c), a certification mark may be registered...
A certification mark shall not be registered if the proprietor...
(1) A certification mark shall not be registered if the...
(1) An applicant for registration of a certification mark must...
(1) A certification mark shall not be registered unless—
(1) The registrar shall consider whether the requirements mentioned in...
The regulations shall be published and notice of opposition may...
EUROPEAN UNION TRADE MARKS
A trade mark registered as an existing EUTM to be treated as registered under this Act
Reputation of a comparable trade mark (EU)
Rights conferred by registered trade mark
Effect of claim of priority
Effect of seniority claim
Determination of invalidity and liability to revocation in relation to claims of seniority
Procedure for declaration that trade mark would have been liable to be revoked or declared invalid
Assignment of an existing EUTM not registered on IP completion day
Effect of a licence of an existing EUTM
Effect of a security interest in an existing EUTM
Continuity of rights in relation to a comparable trade mark (EU)
Opt out
Existing EUTM: pending proceedings
Existing EUTM: effect of injunction
Existing EUTM: effect of invalidity or revocation
Registration of certain expired European Union trade marks
Renewal of an expired EUTM
Application of Part
Application for registration under this Act based upon an existing EUTM application
Right to claim seniority where seniority has been claimed by an existing EUTM application
Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 26
Restoration of a European Union trade mark to the EUTM Register
Restoration of an application for a European Union trade mark
Entries to be made in the register in relation to a comparable trade mark (EU)
Interpretation
Comparable trade mark (EU) which derives from an EU Collective Mark or EU Certification Mark
Renewal of a comparable trade mark (EU) which expires within six months after IP completion day
Restoration of a comparable trade mark (EU)
Raising of relative grounds in opposition proceedings in case of non-use
Non-use as defence in infringement proceedings and revocation of registration of a comparable trade mark (EU)
Grounds for invalidity of registration of a trade mark based upon an earlier comparable trade mark (EU)
INTERNATIONAL TRADE MARKS PROTECTED IN THE EUROPEAN UNION
An international trade mark protected in the European Union to be treated as registered under this Act
Reputation of a comparable trade mark (IR)
Rights conferred by registered trade mark
Effect of disclaimer
Effect of claim of priority
Effect of seniority claim
Determination of invalidity and liability to revocation in relation to claims of seniority
Procedure for declaration that trade mark would have been liable to be revoked or declared invalid
Assignment of an existing IR(EU) not registered on IP completion day
Effect of a licence of an existing IR(EU)
Effect of a security interest in an existing IR(EU)
Opt out
Continuity of rights in relation to a comparable trade mark (IR)
Existing IR(EU): pending proceedings
Existing IR(EU): effect of injunction
Registration of certain expired international trade marks
Renewal of an expired IR(EU)
Renewal of an expired IR(EU): territorial extension under Article 3ter(1)
Renewal of an expired IR(EU): territorial extension under Article 3ter(2)
Interpretation
Application for registration under this Act based upon an existing ITM application or an existing request for EU extension recorded in the International Register prior to IP completion day
Application for registration under this Act based upon an existing ITM application or an existing request for EU extension recorded in the International Register on or after IP completion day
Entries to be made in the register in relation to a comparable trade mark (IR)
Right to claim seniority where seniority has been claimed by an existing ITM application or an existing request for EU extension
Determination of invalidity and liability to revocation in relation to claim of seniority under paragraph 30
Transformation applications
Application for registration based upon a cancelled international registration
Interpretation
Comparable trade mark (IR) which derives from a mark treated as an EU Collective Mark or EU Certification Mark
Renewal of a comparable trade mark (IR) which expires within six months after IP completion day
Restoration of a comparable trade mark (IR)
Raising of relative grounds in opposition proceedings in case of non-use
Non-use as defence in infringement proceedings and revocation of registration of a comparable trade mark (IR)
Grounds for invalidity of registration of a trade mark based upon an earlier comparable trade mark (IR)
Transitional provisions
(1) In this Schedule— “existing registered mark” means a trade...
(1) An application for registration of a mark under the...
(1) In the case of a pending application for registration...
The registrar may exercise the powers conferred by rules under...
Section 35 of this Act (claim to priority of Convention...
(1) Where before the commencement of this Act a person...
(1) Section 42(1) of this Act (duration of original period...
An application under section 35 of the 1938 Act (alteration...
(1) An application under section 26 of the 1938 Act...
(1) An application under section 32 or 34 of the...
(1) Regulations governing the use of an existing registered certification...
(1) Existing registered marks (whether registered in Part A or...
(1) For the purposes of this Schedule the Sheffield register...
A certificate given before the commencement of this Act under...
(1) Rules in force immediately before the commencement of this...
(1) A condition entered on the former register in relation...
(1) Sections 9 to 12 of this Act (effects of...
Section 16 of this Act (order for delivery up of...
(1) Section 30 (general provisions as to rights of licensees...
The provisions of section 23 of this Act (co-ownership of...
(1) Section 24 of this Act (assignment or other transmission...
(1) Sections 28 and 29(2) of this Act (licensing of...
(1) References in statutory provisions passed or made before the...
(1) The Patents and Designs Act 1907 is amended as...
(1) The Patents, Designs, Copyright and Trade Marks (Emergency) Act...
In the Trade Descriptions Act 1968, in section 34 (exemption...
(1) Section 22 of the Solicitors Act 1974 (preparation of...
In Part III of Schedule 1 to the House of...
In Schedule 3 to the Restrictive Trade Practices Act 1976...
(1) The Copyright, Designs and Patents Act 1988 is amended...
In Part I of Schedule 1 to the Tribunals and...
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Bar Standards Board (opens in a new tab) Detailed Guidance
- IPReg: Intellectual Property Regulation Board (opens in a new tab) Detailed Guidance
- Renew your trademark (opens in a new tab) from IPO Detailed Guidance
- What you can register as a trademark (opens in a new tab) from IPO Detailed Guidance
- Report counterfeit goods to Trading Standards (opens in a new tab) Detailed Guidance
- Anti-Counterfeiting Group (opens in a new tab) Detailed Guidance
- Business Companion - Intellectual Property (opens in a new tab) Detailed Guidance
- Nominet UK - official .uk registry (opens in a new tab) Detailed Guidance
- Find a trademark attorney (opens in a new tab) Detailed Guidance
- Find a patent attorney (opens in a new tab) Detailed Guidance
- ... and 8 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
IPO
PrimaryIntellectual Property Office
Registration and protection of intellectual property rights. Administers patents, trade marks, designs, and provides copyright guidance. Gateway for IP protection in the …
Trading Standards (Local Authority)
Enforces consumer protection legislation including food labelling, weights and measures, product safety, and fair trading. Part of local authority structure. Investigates food …
Connected legislation
1 statutory instrument
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Secondary legislation (1)
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Browse legislation
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Regulators
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