Registering a trade mark is only the first step. Once registered, the proprietor enjoys the exclusive right to use the mark in relation to the goods and services for which it is registered (s9, Trade Marks Act 1994 (“TMA 1994”)). Unauthorised use by third parties can amount to infringement, and the TMA sets out a structured framework for identifying when infringement has occurred.

Section 10 of the Act defines three main types of infringement. These largely mirror the relative grounds of refusal under section 5, but they apply after registration and are enforceable by the proprietor.

The recent wave of litigation targeting major AI players like OpenAI, Microsoft, and Stability AI has brought one issue to the forefront: the legality of using scraped data to train generative models. The New York Times lawsuit against OpenAI and Microsoft alleges wholesale reproduction of its copyrighted content without consent, while Getty Images v. Stability AI raises the alarm over unauthorised image scraping. Nvidia, too, is facing questions around whether its data collection practices may violate copyright or data protection standards.

Many UK-based AI companies are left asking: What is permissible under current law? The answers are nuanced.

Often, the value of a brand can rival or surpass that of physical assets. A well-protected brand may confer significant commercial advantages by enhancing consumer trust and creating enduring recognition in oversaturated markets. Trade mark registration is one of the most effective legal tools available to secure brand. Below, we outline the key principles of trade mark registration in the UK and the legal framework under the Trade Marks Act 1994 (as amended) ("TMA 1994/ the Act").