Application of Section 89 Trade Marks Act 1994: No provision for ex-officio action
There is no ex-officio provision under Section 89 of the Trade Mark Act, officers are not authorised to act upon any grey import in the absence of a notice as set out under the SI nor can officers inform the right-holder that a consignment has arrived in the UK.
Given the close relationship between the parallel and counterfeit trade, suspect goods may be detained and investigated under Council Regulation 1383/2003 but if the goods subsequently prove to be ‘grey’ then they should be released. It is not permissible for the right holder to lodge a request for action under Section 89 after the goods have landed.
Should a right holder wish to take further action or insist on continued detention of the goods the matter should be referred to the IPRE Policy section.