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Tag: passing off

Passing off

Why You Shouldn’t Rely on Passing Off to Protect Your Brand

Passing off – should it be relied on? The simple answer to that is no. It’s a law that relates to unregistered trade marks and exists to prevent someone ‘passing off’ their products or services as being yours.  The word ‘law’ in that sentence probably makes you think, ‘that’s Ok then, it’s a law so it […]

October 29, 2019 Rachael
unregistered trade mark

The Pitfalls Of An Unregistered Trade Mark

Unregistered trade marks give you as much protection as a sieve in the rain.  However, there is a glimmer of hope. If you’ve been using your trade mark for several years, and built up a large customer base your rights are limited. But, if another business starts using your name, you only have “passing off” […]

June 27, 2019 Rachael
Trade mark registration

Do I Have To Use A Trade Mark Attorney To File My Trade Mark Registration?

Trade mark registration is one of a pile of expenses you’ll face when setting up your business. Premises, websites, logos and other marketing materials are at the top of your list. You hire a professional web designer (because that’s a skill set you don’t have), a graphic designer for your logo and an agency to […]

March 20, 2018 Rachael

What’s The Difference Between Passing Off And Trade Mark Infringement?

Trade mark infringement and passing off are two options that can help you protect your brand. But what’s the difference? This post explains why trade mark registration is the best protection and why you shouldn’t rely on passing off.

March 6, 2018 Rachael
Ward Trade Marks

What if I don’t have a registered trade mark but someone else is using my name?

The rights you get through a registered trade mark are much stronger and broader than those you gain through use.
A registered trade mark gives you a legal monopoly.

June 13, 2017 Rachael