Passing Off

A trade mark lawyer with a proven track record will advise and assist you in defending or pursuing a passing off action.

A passing off action is brought under common law rights. You may bring a passing off action if you do not have a registered trade mark and/or wish to pursue passing off as well as trade mark infringement against a third party.

I very much appreciated your response to my problem.  It was not surrounded by legal jargon

John Foster, Managing Director, John Foster (Media Promotions) Limited 

There are certain elements that you will have to prove in court in order to succeed in pursuing/defending an action for passing off. In order to succeed in a passing off action you will have to show:

  • That you have  acquired a reputation and goodwill in your name, product, logo or  business;
  • That there is confusion on the part of the public between your name, product, brand, logo or  business and the name, product, brand, logo or business of your competitor;
  • Misrepresentation on the part of the other party in relation to the public (whether or not it was intentional misrepresentation) leading or being likely to lead to damage being suffered due to the public’s erroneous belief that the third party’s name, product, brand, logo or business is yours or originates from your business.

As soon as you become aware of a third party using a confusingly similar name, logo or brand to yours and/or selling or offering for sale products bearing your name or logo, please contact us immediately with no obligation. Equally, contact us now if you receive a letter alleging passing off.

Our trade mark lawyers are highly experienced and will represent you in pursing and/or defending passing off actions in the courts. A trade mark lawyer will negotiate a successful settlement on your behalf, if this is the best course of action.

If you require our assistance to commence a passing off action or to defend such an action, please contact us at


We would always give you an estimate of costs before we commence your work.

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