Trademark Prosecution Defence
Trademark prosecution is nearly always brought forward by the legal department of a local authority. The budget for the trading standards has been increased recently so the number of prosecutions is escalating. Counterfeit goods can include fake designer labelled clothes, perfumes, pirate DVDs and computer games.
If you participate in the trade of counterfeit goods you are likely to commit a criminal offence under section 92 of the Trade Marks Act 1992. An offence is committed when
- The person applies to goods of their packaging a sign identical to, or likely to be mistaken for, a registered trade mark.
- The person applies a sign identical to, or likely to be mistaken for, a registered trade mark to material intended to be used for labelling, packaging goods, a business paper in relation to goods or advertising goods.
- The person makes an article specifically designed or adapted for making copies of a sign identical to, or likely to be mistaken for, a registered trade mark.
Trading Standards Offence Penalties
Any breach of section 92(1), 92(2) or 92(3) of the Trade Marks Act 1992 can carry a punishment of £5000 in fines with up to 10 years imprisonment. As soon as any individual or corporate body becomes aware that they are the subject of a trading standards investigation or prosecution it is vital that they obtain immediate specialist legal advice.
Professional Defence Lawyers specialise in Trading Standards prosecutions, so contact us today to get the expert defence you need.
Proceeds of Crime
If an individual or company is found guilty of a trading standards offence then the court may consider an application under the Proceeds of Crime Act. The basic principle is that if anybody has benefited financially from any unlawful activity then the court has the power to try to assess the amount of that benefit and make an order that it be repaid.
At Professional Defence Lawyers we have extensive experience of dealing with applications under the Proceeds of Crime Act and are able to deal with any such application by any client facing a trading standards prosecution.
What Our Customers Say
“Professional Defence Lawyers were brilliant throughout our defence. They performed magnificently and helped massively reduce the fine we expected to see.”
Contact Professional Defence Lawyers Today
We are expert solicitors acting for the defence in proceedings for Trading Standards. We have been practicing in this field for over 20 years now, so please don’t hesitate to contact us free on 0800 634 7022 today.