http://www.legislation.gov.uk/ukpga/1994/26/section/56Trade Marks Act 1994An Act to make new provision for registered trade marks, implementing Council Directive No. 89/104/EEC of 21st December 1988 to approximate the laws of the Member States relating to trade marks; to make provision in connection with Council Regulation (EC) No. 40/94 of 20th December 1993 on the Community trade mark; to give effect to the Madrid Protocol Relating to the International Registration of Marks of 27th June 1989, and to certain provisions of the Paris Convention for the Protection of Industrial Property of 20th March 1883, as revised and amended; and for connected purposes.1994-07-21texttext/xmlenStatute Law Database2025-07-10Expert Participation2025-07-10 Part II561References in this Act to a trade mark which is entitled to protection under the Paris Convention or the WTO agreement as a well known trade mark are to a mark which is well-known in the United Kingdom as being the mark of a person who—ais a national of the United Kingdom or a Convention country, orbis domiciled in, or has a real and effective industrial or commercial establishment in, the United Kingdom or a Convention country,whether or not that person carries on business, or has any goodwill, in the United Kingdom.References to the proprietor of such a mark shall be construed accordingly.2The proprietor of a trade mark which is entitled to protection under the Paris Convention or the WTO agreement as a well known trade mark is entitled to restrain by injunction the use in the United Kingdom of a trade mark which, or the essential part of which, is identical or similar to the well known trade mark—ain relation to identical or similar goods or services, where the use is likely to cause confusion, orbwhere the well known trade mark has a reputation in the United Kingdom and the use of the other trade mark—iis without due cause, andiitakes unfair advantage of, or is detrimental to, the distinctive character or the repute of the well known trade mark.This right is subject to section 48 (effect of acquiescence by proprietor of earlier trade mark).2ASubsection (2)(b) applies irrespective of whether the goods or services in relation to which the other trade mark is used are identical with, similar to or not similar to those for which the well known trade mark is entitled to protection.3Nothing in subsection (2) affects the continuation of anybona fide use of a trade mark begun before the commencement of this section.Words in s. 56(1)(2) inserted (29.7.1999) by S.I. 1999/1899, reg. 13(4) (with reg. 14(1))Words in Pt. II heading substituted (6.4.2016) by The European Union Trade Mark Regulations 2016 (S.I. 2016/299), regs. 1(1), 3 (with reg. 13)S. 56(2A) inserted (27.12.2022) by The Trade Marks (Amendment) Regulations 2022 (S.I. 2022/1303), regs. 1, 5Words in s. 56(1)(a) inserted (27.12.2022) by The Trade Marks (Amendment) Regulations 2022 (S.I. 2022/1303), regs. 1, 3(a)Words in s. 56(1)(b) inserted (27.12.2022) by The Trade Marks (Amendment) Regulations 2022 (S.I. 2022/1303), regs. 1, 3(b)Words in s. 56(2) substituted (27.12.2022) by The Trade Marks (Amendment) Regulations 2022 (S.I. 2022/1303), regs. 1, 4