Unregistered trademarks

The goodwill in an unregistered trademark can be protected in an action for passing off.

The principle underlying the tort of passing off that "A man is not to sell his own goods under the pretence that they are the goods of another man" lies in case law of over 170 years old.

If you think your unregistered trademark or brand is being copied or exploited, or you are accused of doing such things, we have the specialist expertise to advise and assist you.

If there is a registered trademark, there may still be passing off, in addition to any infringement of the registered mark under trademark legislation.

If we can assist you in any way, or if you simply want to discuss any intellectual property issue, please contact us at any time.