Module 6

03/10/2024

Passing off (“unregistered trade marks”)

• Misrepresentation by one trader that his goods or services are the good or services of another

• Necessary to show sufficient reputation

The Organisation for Professionals in Regulatory Affairs

Brand Protection

23

Trade marks

• Application via UK or European Trade Mark Office

• First come, first served

• Sign capable of distinguishing goods or services

Infringed by using

•

• same or similar mark for same or similar goods/services (likelihood of confusion may be necessary); or • same or similar mark for any goods/services, where the mark being relied upon has a reputation.

The Organisation for Professionals in Regulatory Affairs

Brand Protection

24

12