If a third party has been using your registered trade mark without your authorisation, you can obtain remedies for the infringement of your mark. A trade mark’s owner is eligible to recover damages that relate to the acts of trade mark infringement in question. These damages are typically calculated based on the amount of profit that the claimant has lost due to the trade mark infringement, although they may also be based on a notional licence fee which would have been agreed upon between the defendant and claimant for the use of the infringing trade mark. However, not only can you receive damages, but you can also be granted an injunction among other possible remedies.
What Is A Permanent Or An Interim Injunction?
Permanent injunctions are granted as a type of relief after infringement has been found at a trial. Interim injunctions can also be granted where appropriate at an early stage of the proceedings. This will, however, only be granted in urgent circumstances and is a discretionary remedy. An interim injunction application has to be made as soon as the applicant first becomes aware that one is required. Even a short delay can result in the application failing. The application also has to show that receipt of damages would not be sufficient compensation for the continued infringement of the trade mark by the respondent up to the date of the trial.
Alternative Remedies
There are some other remedies available which are also made available to successful claimants in trade mark infringement actions. These include orders for:
- The removal, obliteration or erasure of any offending signs from infringing articles, materials or goods.
- The delivery and destruction of all infringing articles, materials and goods.
- The payment of all or some of the claimant’s legal costs.
The courts will decide which of the above are most appropriate under the circumstances of the case.
