A trade mark registration is a powerful legal weapon. To conjure up a nautical analogy it is the aircraft carrier of Intellectual Property Rights. The proprietor of a registered trade mark has exclusive rights in the trade mark which are infringed if the mark is used without his consent. Rights extend to the use of similar marks in relation to similar goods to those which are protected under the registration and can extend even further. In contrast to patents, copyright and registered designs, trade mark registrations can be renewed indefinitely and the lack of knowledge of the right is no defence to a trade mark infringement claim.
The courts are keen to limit the scope of such a powerful monopoly right to that which is necessary to protect the legitimate rights of the trade mark proprietor. One of the main restrictions of trade mark registrations is the use requirement. A trade mark registration in the UK can be cancelled if it has not been put to genuine use within the last five
