ABSTRACT
This chapter discusses the general problem of infringement in Britain between the Trade Marks Registration Act [1875]2 and 1900. The Act was the culmination of concerted and sometimes intense pressure on government to alter the law on misrepresentation in all of its forms.3 Following the Act, infringement is deemed to occur when any person who is not the proprietor of a registered trademark uses a mark identical to, or having a strong resemblance to, the registered mark. Consequently, consumers are deceived or confused into believing that the imitating mark is the registered mark and the trade that would ordinarily accrue to the registered owner is diverted to the imitator.
