Is someone using your mark on their goods or services? Don’t worry if you didn’t trademark it. Thanks to the common law of passing off, you can and should still take action.
Passing off is when someone makes a false representation that can lead people to believe the goods or services are someone else’s.
To succeed in a passing off action, you need to prove that:
- The mark is yours
- You’ve built up a reputation in the mark
- You’ve been harmed in some way by the other person’s use of the mark.
It’s a complex area, but our experienced and skilled team can help make sense of it for you. Whether you need advice on protecting your own reputation, or want to pursue someone for rights infringement, talk to us.
We’ll work in your best interests, offering clear, practical advice that you can trust and understand. There is a reason that we have become one of the UK's most trusted solicitors firms.