Answer

Issues of similarity between marks fall to be considered in applications for trade mark registration under s 5 of the TMA 1994 and infringement under s 10.

Section 5 of the TMA 1994 gives the Registrar grounds to refuse registration of a mark which is identical or similar to a mark for identical goods (s 5(1)); where a mark is identical or similar for similar goods and there is a likelihood of confusion (s 5(2)); and where a sign which is identical or similar is applied to goods which are dissimilar but the mark has a reputation. The similarity is with marks either already registered or where there is an existing earlier mark.