Trade Mark & Passing Off Disputes

What else you might like to know about Trade Mark & Passing Off Disputes

If your business finds itself in a dispute relating to trademark infringement or passing off, seeking the help of a legal service provider should be your next step. Here is some basic advice and guidance to inform your choice of legal expert. 

What is a trademark?

A trademark is an icon or logo that is easily distinguishable and readily associated with your company, brand or organisation. A trademark helps to protect brands by offering intellectual property rights that enable another business or individual to be claimed against, should they be found to copy. 

What is passing off?

If you have a trademark that the public and business partners can easily identify as belonging to you and your company, you'll want to protect it. If your trademark is unregistered and it is copied or infringed you can make what is known as a passing off claim. 

How do I launch a claim?

To launch a trademark or passing off claim you must first select a legal expert to handle matters on your behalf. In order to be successful in your dispute you must prove that there is goodwill associated with your trademark, that another party is using that for their own gain, and that the goodwill has since been damaged. 

What are the possible outcomes in a successful trademark or passing off dispute?

If you are successful in making a passing off claim then there are several outcomes that should prove satisfactory. You may receive damages or a portion of the defendant's profits. In other circumstances, offending items such as counterfeit products may be destroyed or an injunction brought against the defendant. 

How can I choose the best legal service provider?

Intellectual property law is a specialist area of the law, so you should look to appoint an experienced and highly skilled legal service provider. You may also wish to consider the size, location, reputation and cost of a firm before making your decision.

Answer a few short questions now and start comparing legal service providers based on the criteria most important to you. Don’t forget to look at the client reviews and ratings provided by existing customers to inform your choice.

How will a legal service provider charge me?

A legal service provider will most likely charge on an hourly rate basis for a trademark or passing off dispute.