Section 87

This section applies to— communications as to any matter relating to the protection of any design or trade mark, or as to any matter involving passing off, and documents, material or information relating to any matter mentioned in paragraph (a). Where a trade mark attorney acts for a client in relation to a matter mentioned in subsection (1), any communication, document, material or information to which this section applies is privileged from disclosure in like manner as if the trade mark attorney had at all material times been acting as the client's solicitor. In subsection (2) “trade mark attorney” means— a registered trade mark attorney, or a partnership entitled to describe itself as a firm of registered trade mark attorneys, or any other unincorporated body or a body corporate entitled to describe itself as a registered trade mark attorney or a person whose name appears on the list of professional representatives for trade mark matters maintained by the European Union Intellectual Property Office referred to in Article 120 of the European Union Trade Mark Regulation. Where a trade mark attorney is a person falling within subsection (3)(d), subsection (2) applies as if the reference to a matter mentioned in subsection (1) were a reference to a matter relating to the protection of a trade mark.

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Source: legislation.gov.uk · retrieved 2026-09-04