Trading Standards Offences. Is your business reputation at stake?

Trading Standards Offences. Is your business reputation at stake?

Trading Standards investigations can be worrying and stressful particularly when your business reputation is at stake.

There are a number of potential offences that you may be investigated for, but the most common offences are:

  1. Section 92 of the Trademark Act 1994 – Unauthorised use of a Trademark, and;
  2. The Consumer Protection of Unfair Commercial Practice Regulations which creates a general prohibition on Undertaking unfair commercial practices (promoting a product similar to a product made by a particular manufacturer in such a manner to deliberately mislead the consumer into believing that the product is made by that manufacturer when it is not for example is deemed unfair according to the law).

Trading Standards Prosecutions

It is important that you seek legal advice and assistance at the earliest stage to avoid the matter escalating to court proceeding. We are able to defend and provide robust mitigation on your behalf to avoid criminal prosecutions where possible.

We are often able to make representations on your behalf to persuade the Trading Standards not to take criminal or court proceedings against you.

If a prosecution is brought against you the courts sentencing options range from a Fine up to a term of imprisonment according to the nature of the behaviour, the scale and value of the operation.

Defences for Trademark Offences

It is a defence to show that you believed on reasonable grounds that the use of the sign was not an infringement of the registered trademark.

Defences for Undertaking unfair commercial practices

For some (not all) Unfair Commercial Practices offences it's a defence to show that you exercised all ‘Professional Diligence’ – this is defined as ‘the standard of special skill and care which a trader may reasonably be expected to exercise’.

We will be able to advise you whether you have a defence to the particular offence which you are being investigated for as not all offences have this defence available in law.

Trading Standards penalties

The penalties for trading standards offences range from education, local authority enforcement orders to prevent further offences, cautions or a criminal prosecution.

Trading Standards Business Solicitor

Lucinda Dore Solicitors can assist you or your business for any local authority investigation including Trading Standards Investigations and prosecutions. We can provide a solicitor for assistance with any investigation or court hearings for all trading standards investigations including those under The Consumer Protection from Unfair Trading Standards 2008 or Trademarks Act 1994.

Lucinda Dore has been representing clients at interviews under caution and at court for these offences for over 20 years.

We strongly suggest that you seek legal advice as soon as you are aware that the Trading Standards are wanting to speak to you to protect your business.

Contact Lucinda today for advice regarding your Trading Standards matter via email, call us on 03332420691 or send us a text via WhatsApp business to 07418608916.