Tag: passing off
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 […]READ MORE
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” […]READ MORE
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 […]READ MORE
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.READ MORE
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.