The relevance of prior trade mark use in the common law of the United Kingdom

Abstract

In regard to the requirements for passing-off, a reputation is a necessary element. A goodwill in the country is required. With regard to the acquisition of rights, some decisions held that a business could be protected even prior to its commencement of trading. With regard to concurrent use, it can relate to a group of plaintiffs. Use of a mark by unrelated parties can have the effect that neither party can act against the other. Insofar as the honesty of the adoption of a mark is concerned, the position appears to be that it is possible to obtain protection, even though the plaintiff was aware of the use of the mark by another.