GHD A REGISTERED TRADE MARK
Jemella Limited
Wheatley Works
Wheatley Lane
lkley
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
states:
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.



Thank you for voting. If your vote meets our 