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TTA warns members on use of trademarked tile names

The TTA has issued an advice notice to any members who are choosing names for new tile ranges. This follows robust enforcement action taken recently by a national retailer to protect its intellectual property rights.

TTA members need to be aware that a national tile retailer has trademarked a number of tile range names. The company concerned is taking robust action to protect its trademarks in these cases. Any retailers or distributors who are found to be promoting product ranges with the same registered name, either in-store or online, are being obliged to cease with immediate effect, even if the products concerned look visually different.

Section 10(1) of the UK Trade Marks Act is being invoked in these cases, meaning that an infringement of the UK trademark has occurred, since the trademark is being used to sell identical goods. In cases where action is taken, retailers are being obliged to remove all branded goods and images from in-store displays and websites.

Legal proceedings are being threatened against those retailers who do not comply. In some cases damages are being sought as well, calculated from the date of the commencement of the infringement.

In view of the current action being taken to protect intellectual property rights, TTA members are urged to exercise caution when choosing tile range names and check they are not infringing any pre-existing trademarks.