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Unauthorised use of a trade mark

Published on:

5 August 2021

Today, we have published two new guidelines for sentencing individuals and organisations for the offence of Unauthorised use of a trade mark.

The new guidelines, which will come into force on 1 October 2021, apply to adult offenders in England and Wales and will replace the current magistrates’ court guideline that was published in 2008 and applies to individuals only.

Unauthorised use of a trade mark can include possessing or selling counterfeit goods, or counterfeiting or possessing the means of counterfeiting goods, with a view to making a gain or causing a loss.

The new guidelines will provide a clear structure for courts when sentencing this offence, which can bring financial and reputational loss to companies and can put purchasers at risk from substandard goods.