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Enforcing Trade Mark Rights

The owner of a registered trade mark enjoys the exclusive right to use the trade mark in respect of the goods and/or services for which the trade mark is registered. Unauthorised use of an identical or confusingly similar trade mark in respect of goods and/or services that are identical or similar to those for which the registered trade mark is protected infringes on that right.

Often, it is enough to draw the infringer’s attention to the existence of the trade mark registration to persuade them to stop using the conflicting trade mark. However, if the infringement continues, you can obtain a High Court injunction to restrain the infringement and protect your registered trade mark.