Time to rethink the limits to trade mark rights?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Time to rethink the limits to trade mark rights?

Last week the UK introduced clear exceptions to the rights of copyright owners. Is it now time to set out the limits to trade mark law and clarify what third parties can do with registered marks?

Among the changes introduced into the UK’s copyright regime on October 2 are a new format shifting exception and the right to use copyright material for legitimate parodies. There is also a new exception for criticism or review, which follows more exceptions for libraries, schools and disabled people, which came into force in June. Should there be similar exceptions for trade marks?

The answer from a group of more than 30 academics from across Europe seems to be yes. They have urged lawmakers considering the European Commission’s proposals to update the Trade Marks Directive and CTM Regulation to clarify what exceptions exist.

Court-of-justice-judges

In particular, they argue that the rights of trade mark owners need to be balanced with freedom of expression and the guarantee of undistorted competition, saying that such balance is important in the light of “ongoing technological, economic and social developments”.

The implication is that trade mark law has gone too far in protecting the rights of trade mark owners. That is an argument that may have gained strength since the Court of Justice of the EU (judges, pictured right) began expanding the list of legitimate “functions” of a trade mark.

Specifying a list of exceptions to trade mark rights might lead to rather messy, loophole-filled legislation. But perhaps it is necessary to preserve public support for trade mark law.

So far much of the debate about the right balance to be struck between the rights of IP owners and those of competitors and consumers has been focused on copyright (think ACTA, SOPA and PIPA) and on patents (think the debates on software and business method patents, and cases such as Myriad). In those areas of the law, it seems that a backlash from increasingly organised consumers and civil society has led to a rethink on the part of policy makers and a recognition on the part of IP owners that advocating a strong pro-IP position could ultimately weaken support for the whole IP system.

Does this new call from a group of academics reflect similar tensions within the trade mark sphere? If so, does the line between the rights of trade mark owners and the rights of trade mark users and third parties need to be redrawn? Let us know what you think.

more from across site and SHARED ros bottom lb

More from across our site

While the US and the UK remain the biggest markets for representation of women, their lead has narrowed
Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Selina Hinchliffe, head of commercial services at Shakespeare Martineau, reflects on rejecting Cambridge, leading through empathy, and why authenticity matters more than fitting in
US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
IP practitioners debate whether new guidelines will make it more difficult to challenge a patent
Varuni Paranavitane says she is excited to bring ‘rounded expertise’ to the firm, which will have a solicitor in its ranks for the first time
Gift this article