Many businesses forget to register their trademarks, or are put off doing so because of the cost. However, if you have not registered your trade mark you may still be able to take action against another party who uses your mark without your permission, under the common law of passing off. It is not governed by any Act of Parliament but has developed through case law over many years cms.

Passing off can occur by somebody adopting the same or similar trade mark as yours, by adopting the same or similar get-up or appearance as that of your product, or by implying to the public that their goods or services are in some way connected with yours when they are not.

A claim for passing off may be brought where:

the goods or services sold under your trade mark have acquired goodwill or a reputation in the market; there is a misrepresentation by the other party (whether or not intentional) leading, or likely to lead, the public to believe that its goods or services are actually yours; and you have suffered, or are likely to suffer, damage as a result of the erroneous belief caused by the other party's misrepresentation. This means establishing actual or likely financial loss, and could include loss of profit in an existing market, loss of reputation or loss of opportunity to expand.An electric pressure washer is the type often preferred for

Passing off can only protect trade marks that are in use and have acquired a reputation pressure washer indoor applications, where electricity is readily available..I am trying to Due to the things that must be proved in order to establish the claim, it is often difficult, and as a result, expensive to prove a passing off action envelope printing, which should be an easy task; it certainly was with Microsoft Word.

Passing off, if established, can be the subject of injunctions awarded by the courts and the party guilty of passing off can be ordered to pay damages and costs.

If you suspect that a competitor is passing off their products or services as yours, it is important that you seek advice immediately. The longer you delay, the more difficult it can be to remedy.

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