The owner of a trademark has the exclusive right to use it in connection with the goods or services it covers, and may use the trademark together with the ® symbol. Third parties may not, without the owner’s consent, use a sign identical to the trademark for goods and services, nor a sign that the public could easily confuse with it because it is similar or identical to the trademark and the goods or services are similar or identical.
If trademark rights are infringed, the owner may demand that the consequences of the infringement or threat be remedied. The owner may also claim appropriate satisfaction, including monetary compensation, damages and the surrender of any unjust enrichment.
The trademark owner is also entitled to information: where their rights are infringed, a court may order the infringer to disclose details of the origin and distribution networks of the goods or services concerned. This may include the names, addresses and registered offices of producers, intermediaries, manufacturers, warehouse operators, suppliers, sellers, processors and other holders of the goods or providers of the services, as well as the quantities supplied, processed, produced or ordered and the prices of those goods and services.
At the owner’s request, a court will order that the tools, materials and goods directly used to threaten or infringe the owner’s rights be withdrawn and removed from the distribution chain, or otherwise dealt with in a way that prevents further infringement, at the expense of the infringer.
Managing a trademark
The owner of a trademark can transfer it to another person for all the goods and services for which it is registered. Such transfers must be recorded in the register, and the assignment agreement must be in writing.
The trademark owner can also authorise another person to use the mark by granting a licence, which is done by signing a licence agreement. A trademark can also be pledged as security; both pledges and licences are recorded in the register.