Glossary


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Infringement

Where use of a trade mark by one party invokes on the rights bestowed on a proprietor of a registered trade mark either because it is identical to, confusingly similar to or detrimental to that registered trade mark.

Infringer

The party responsible for the infringement and can be the person who actually applies the infringing trade mark to goods like a manufacturer, the party who instructed them to do it and even a party like a retailer selling such infringing goods.

Intellectual Property Rights

At its broadest, this is the collective term used to describe patents, trade marks, designs, copyright, topography rights, rights in databases, sui generis rights, trade secrets and other confidential information and know-how irrespective of whether they are registrable or not.

International registration

This is a trade mark registration made under the Madrid Agreement or Protocol which covers a number of selected countries and as administered by WIPO.

Invalidity/invalid

A decision that a registered trade mark should not have been granted due to grounds that subsisted at the time of the grant of the application. Once declared invalid, such a trade mark will be deemed never to have been registered.

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