New guidelines to sentence trade mark offences published
The new sentencing guidelines for offences of unauthorised use of a trade mark come into effect on the 1st October 2021.
Those of us working frequently on these types of case have long stated how inconsistent sentencing could be in the Crown Court, where the offences are something of a novelty and are often unfamiliar.
These guidelines are to be welcomed and will, it is hoped, bring consistency in both the approach to sentencing these offences and to the ultimate sentences imposed. Indeed, they may well result in an increase in the length of custodial sentences compared to pre-guideline cases.
All prosecutors of these offences, whether trading standards services or private prosecutors, must be familiar with these guidelines which are available here.