Regulation 5 Remedies in infringement proceedings

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 5(1) words substituted by Trade Marks 2018 reg. 46
reg. 5-11 words substituted by European Union Trade Mark 2016 reg. 8(a)
reg. 5-11 words substituted by European Union Trade Mark 2016 reg. 8(b)
reg. 5(1) words substituted by European Union Trade Mark 2016 reg. 9
reg. 5 words substituted by European Union Trade Mark 2016 reg. 7

(1)

This regulation is without prejudice to the duties of the Community trade mark court under Article 98(1) of the Community Trade Mark Regulation.

(2)

In an action for infringement of a Community trade mark all such relief by way of damages, injunctions, accounts or otherwise is available to the proprietor of the Community trade mark as is available in respect of the infringement of any other property right.

(3)

The provisions of sections 15 to 19 apply in relation to a Community trade mark as they apply to a registered trade mark; and any reference to the court shall be construed as meaning the Community trade mark court.