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What is a passing off trademark?
Can a trademark owner take action against a person for passing off?
What does 'passing off' mean in Indian Trademarks Act?
Can a trademark be passed off in India?
Dec 22, 2023 · Meaning of passing off. “If a person sells his goods as the goods of another,” then the trademark owner can take action as this becomes a case of passing off. Passing off is used to protect or safeguard the goodwill attached to an unregistered trademark.
Jul 8, 2024 · Passing off trademark is a legal action addressing the unauthorised use of goods, services, and the goodwill attached to another person’s business, leading to misrepresentation and unfair competition in the marketplace. Rooted in common law tort, passing off safeguards the interests of companies and consumers by preventing confusion and deception.
An action for trade mark infringement is a statutory remedy and on the other hand, an action for passing off is a common law remedy. The use of the trade mark of the plaintiff, by the defendant, is also a prerequisite in the case of an action for infringement while it is not a necessity of an action for passing off.
Dec 20, 2023 · In this article, we will examine the complexities of passing off under the Indian Trademarks Act of 1999, including its evolution, legal ramifications, and the difficulties involved in proving a successful passing-off claim.
An action for passing off arises when an unregistered trademark is being used by a person other than the proprietor of that trademark in relation to the goods or services of the trademark owner. Passing off in India is a tort which is actionable under common law. It is mainly used to protect the good will of the unregistered trademarks.
Oct 12, 2017 · Infringement is a statutory remedy provided under section 28(1) of The Trademark Act, 1999 for which registration of a trademark is a pre-requisite, while Passing off is a common law remedy and in Passing Off claims, registration of a trademark is not required.
The Trademarks Act, 1999 under section 27 recognizes the common law rights of the trademark owner to take action against any person for passing off his goods as the goods of another person or as services provided by another person or the remedies thereof.
