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The recent case of Media Agency group Ltd, Transport Medial Limited v
Space Media Agency & Ors  shows the implications that may
arise from unused registered trade marks.
In this particular case a business had registered a trade mark in relation to a new product that they were developing.
Two years after the trade mark had been registered, a competitor company was set up by two former employees who had set up a domain name very similar to that of the trade mark registered by the business. The business therefore brought a claim against the two employees for passing off.
In order to succeed in a claim for passing off the business would need to show the following:-
Unfortunately, the Court of Appeal held that the business could not
satisfy the above and although it had taken steps to register the trade
mark, the trade mark was not used and therefore it had not developed
It is therefore important for businesses to review the trade marks that they have registered and consider how they can be used to avoid the risk of being unable to bring a claim against a third party for using a similar trade mark. Failure to do so could result in a negative impact on the business long term.