delete The Trade Marks (Amendment) Regulations 2022
Amends the Trade Marks Act 1994 to expand protection for well-known trade marks. Key changes: (1) extends qualifying protection to UK nationals and those with UK establishments, (2) restructures Section 56(2) to separate confusion-based and reputation-based infringement tests, and (3) adds new subsection 56(2A) extending protection to goods/services that are not similar to those the well-known mark protects.
The expansion to 'not similar' goods/services in new subsection 56(2A) creates excessive trademark monopoly rights beyond preventing consumer confusion. This allows well-known mark owners to block legitimate competition in unrelated markets, functioning as an anti-competitive barrier to entry. While trademark protection serves useful purposes, extending it to non-similar goods/services based solely on 'reputation' and 'unfair advantage' claims goes beyond protecting consumer welfare and into rent-seeking behavior that raises costs for businesses and limits consumer choice.