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Jemella Limited

Wheatley Works

Wheatley Lane


West Yorkshire

LS29 8PE


Registration of a mark is a monopoly right which allows the proprietor

to act against anyone using their mark without their permission. This is

called infringing. They cannot, however, use this right to prevent

Plegitimate use of the mark. Section 12 of the Trade Marks Act 1994


12. - (1) A registered trade mark is not infringed by the use of the

trade mark in relation to goods which have been put on the market in the

European Economic Area under that trade mark by the proprietor or with

his consent

(2) Subsection (1) does not apply where there exist legitimate reasons

for the proprietor to oppose further dealings in the goods (in

particular, where the condition of the goods has been changed or

impaired after they have been put on the market).

If, therefore, you and others are using the mark in relation to goods

legitimately bought from the proprietor or a supplier, he cannot prevent

you from advertising them for sale.

Any dispute between paties in the matter of use is a civil case and the

Trade Mark Registry cannot get involved, I would, therefore, suggest

that you ask your solicitor to talk to the proprietor or to e-bay since

their actions might be considered restraint of trade.

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