What is trade mark infringement?

Trade mark infringement occurs when someone else uses the trade mark without the trade mark owner’s permission.

If the unauthorised person uses a similar trade mark there may still be infringment if it is used in the course of trade in a manner that deceives consumers.

It is not a defence to an infringment allegation that the unauthorised user is using a registered company name.

There are some exceptions to this as set out in Section 95 of the Trade Marks Act 2002.