Infringement of a Registered Trade Mark (WJA Logo)
Re: Infringement of a Registered Trade Mark 2576748 contrary to Reg.12 of the Consumer Protection from Unfair Trading Regulations 2008 and S.10 of the Trade Mark Act 1994.
Any company brought to the attention of the Water Jetting Association that is displaying the ‘WJA Logo’ on their business papers and/or advertising documentation / website / vehicles, (the Logo is a Registered Trade Mark No: 2576748 as shown) (“the Logo”) without our permission are in contravention of Section:10 of the Trade Marks Act 1994. They may also be guilty of an offence under the Consumer Protection from Unfair Trading Regulations 2008.
Only paid up members of the Water Jetting Association, once approved by the Ruling Council can use the WJA Logo, it is a benefit of membership. If our records show that the company is not a current member of the Association and by displaying the Logo on their business papers and/or advertising/website/vehicles without having obtained the necessary authorisation; they are infringing the Logo and as such, are in contravention of Section:10 of the Trade Marks Act 1994. They may also be guilty of an offence under the Consumer Protection from Unfair Trading Regulations 2008.
As proprietor of ‘the Logo’, the Water Jetting Association has exclusive rights and will insist that the company cease displaying ‘the Logo’ immediately. We also will strongly advise them to cease doing anything else which may expressly or impliedly infer that the company is holding itself out as being a member of/or otherwise connected with the Water Jetting Association.
When we are informed of any company using our Logo illegally we will contact the offending company, in writing, requiring them to acknowledge receipt of our letter and confirm what action they are taking to comply with our requirements all within 7 days from the date of the notice. If we do not hear from the company within that time or if it otherwise appears that they are continuing to use the Logo without the necessary authorisation, then we will refer the matter for legal action without further recourse to that company and we will also inform the local Trading Standards Office. In the event that legal proceedings commence then the Association may seek to obtain an injunction and/or damages against the company along with the legal costs of pursuing this matter.
The offending company will be offered the opportunity to apply for Membership of the Association, however they will not be entitled to use the Logo until the Ruling Council have agreed to they application.
Note: When membership of the Association ceases, permission to use the Logo is automatically withdrawn and all references to our Logo must be removed from all business papers and/or advertising documentation / website / vehicles.