http://www.legislation.gov.uk/ukpga/1994/26/section/97Trade 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 III971In England and Wales or Northern Ireland where there has come into the possession of any person in connection with the investigation or prosecution of a relevant offence—agoods which, or the packaging of which, bears a sign identical to or likely to be mistaken for a registered trade mark,bmaterial bearing such a sign and intended to be used for labelling or packaging goods, as a business paper in relation to goods, or for advertising goods, orcarticles specifically designed or adapted for making copies of such a sign,that person may apply under this section for an order for the forfeiture of the goods, material or articles.2An application under this section may be made—awhere proceedings have been brought in any court for a relevant offence relating to some or all of the goods, material or articles, to that court;bwhere no application for the forfeiture of the goods, material or articles has been made under paragraph (a), by way of complaint to a magistrates’ court.3On an application under this section the court shall make an order for the forfeiture of any goods, material or articles only if it is satisfied that a relevant offence has been committed in relation to the goods, material or articles.4A court may infer for the purposes of this section that such an offence has been committed in relation to any goods, material or articles if it is satisfied that such an offence has been committed in relation to goods, material or articles which are representative of them (whether by reason of being of the same design or part of the same consignment or batch or otherwise).5Any person aggrieved by an order made under this section by a magistrates’ court, or by a decision of such a court not to make such an order, may appeal against that order or decision—ain England and Wales, to the Crown Court;bin Northern Ireland, to the county court;and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (statement of case)).6Subject to subsection (7), where any goods, material or articles are forfeited under this section they shall be destroyed in accordance with such directions as the court may give.7On making an order under this section the court may, if it considers it appropriate to do so, direct that the goods, material or articles to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person—acauses the offending sign to be erased, removed or obliterated, andbcomplies with any order to pay costs which has been made against him in the proceedings for the order for forfeiture.8For the purposes of this section a “relevant offence” meansaan offence under section 92 above (unauthorised use of trade mark, &c in relation to goods),ban offence under the Trade Descriptions Act 1968,can offence under the Business Protection from Misleading Marketing Regulations 2008,dan offence under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, oreany offence involving dishonesty or deception.S. 97 applied (with modifications) (20.9.1995) by 1995 c. 32, s. 11; S.I. 1995/2472, art. 2S. 97 applied (with modifications) (1.4.1996) by S.I. 1996/714, art. 17S. 97 applied (with modifications) (14.8.1996) by S.I. 1996/1908, reg. 71980 c. 43. S.I. 1981/1675 (N.I. 26). S. 97 applied (with modifications) (29.4.2006) by Community Trade Mark Regulations 2006 (S.I. 2006/1027), regs. 1(1), 8Words in s. 97(8) substituted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 55 (with reg. 28(2)(3))Words in s. 97(8)(d) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 21 para. 7(3) (with ss. 235, 243, 252); S.I. 2025/272, reg. 2(1)(12)