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BrandWrites

By the Trade Marks Group at Bird & Bird

| less than a minute read

International Comparative Legal Guide to: Trade Marks 2026

Explore the UK Supreme Court's landmark judgment in Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc [2025] UKSC 25 as David Pemberton, Georgina Straughan and Nick Aries examine the doctrine of post-sale confusion in UK trade mark law. Their chapter provides valuable insights into how post-sale confusion can constitute actionable trade mark infringement, the significance of "realistic and representative post-sale circumstances" when assessing similarity between marks, and what this landmark decision means for brand owners, market entrants and practitioners navigating clearance and enforcement. Download the chapter here.

For guidance on trade marks in the UK, Rob Milligan and Nick Aries offer a comprehensive examination of UK trade mark laws and regulations. Their exploration covers key aspects including relevant authorities and legislation, application for a trade mark, absolute and relative grounds for refusal, opposition, registration, registrable transactions, revocation, invalidity, trade mark enforcement, defences to infringement, relief, appeal, border control measures, other related rights, domain names, and current developments. Download the chapter to gain a thorough understanding of these topics here.

This article was originally published in ICLG – Trade Marks.

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iclg, iclgtrademarks, legalguide, intellectual property, brandwrites, insights