Legal Question in Intellectual Property in United Kingdom
Intellectual Property
Class 41 covers ''sporting activities etc.'' If I do not have registration for class 41 but I opt to sponsora sporting event and my trade mark is used on tickets for the event as being the sponsor, then can another party sue me for infringement based on the fact that I do not have class 41 registratiion and am using an identical mark to his for the same class of services as his? If so, why? Please may you tell me. Regards.
2 Answers from Attorneys
Re: Intellectual Property
In India/UK, trademark rights are on the common law concept of "first to use". In layman terms, a mere registration of the trademark only helps you in making your trademark more strong i.e. a person using the trademark (without registration) prior to one who has registered the same trademark has rights to that trademark.
So, in your case, it seems that the other party is the prior user of the trademark and you will be held liable for infringement. The trademarks being identical will make it worse for you to defend yourself.
Re: Intellectual Property
Even if you do not have registration you can use a trade mark of your own. But if you use some body's already registered trade mark,you are liable for infringement action by the already registered trade mark user and you have no remedy to protect. But if you get his permission to use his trade mark for your activities and use it, then there will be no problem for you.
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