Intellectual property could be defined as distinct creations of people having exclusive rights for recognition by the law. Under the law protecting the intellectual property, owners enjoy exclusive rights granted towards the intangible assets. The term continues to be used under different circumstances, to describe numerous unrelated concepts. The terminology became commonplace in the twentieth century with the invention of statutes regarding copyright and patent law. Different countries’ constitutions contain legislative power for protection of intellectual property. The development of intellectual property rights continued, leading to the formation of World Intellectual Property Organisation (WIPO) in 1967. According to the American Bar Association, (2007) formation of this agency marked the beginning of actual protection of intellectual property by the law. Intellectual property rights granted by constitutions come in different forms. The most common ones include trademarks, patents, copyrights and industrial design rights. Some jurisdictions, however, also include trade secrets among intellectual property rights. The objective of intellectual property rights lies in protection of noble ideas. Miller et al (2000) implies intellectual property protection significantly encourages innovation. Through protecting other people creations, necessity arises for individuals to create their own trade marks. Making creations similar to protected creations amounts to infringement of intellectual property rights. Owners of these rights instigate legal proceedings in the eventual occurrence of infringement of their rights. This significantly helps prevent the use of protected intellectual property by unauthorised individuals. Trademarks provide protection for innovations from being used by other persons without the rights. The rights granted by trademarks give powers to instigate litigation. Proprietors could possibly seek legal assistance upon infringement of their rights. The use of trademarks enables companies to create a marketing niche within any industry. Impressive results become imminent when companies have rights to litigate upon infringement of these rights. Protection of company products from counterfeits assists companies in selling genuine products without facing fraudulent competitive practices. Counterfeiting immensely reduces company profits as consumers purchase wrong products. Availability of counterfeit products in the market could be significantly reduced through the establishment of trademarks. The utilisation of trademarks in business helps consumers identify products associated with particular companies. Company trademarks could be any element ranging from symbol, design, name, logo, phrase, word or combination of several elements. Litigation of trademark rights infringement commonly falls under the passing-off tort. Though this law does not protect the actual trademark, it offers protection to the goodwill of traders. Wadlow (2011) states that, application of this tort comes under circumstances of misrepresentation of a registered trademark by other individual. The use of similar trademark could be litigated under this provision. The trademarks act of 1994 provides protection of trademarks within the United Kingdom. The protection of trademarks comes