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Passing Off and Unfair Competition

In addition to undertaking the registration of Trade Marks and upholding the validity of these, there are also many other aspects of Trade Mark law which must be taken into consideration.

The legal systems of most countries will recognise the rights arising from the use of words, signs, trade dress, trading names, company names and the like. However, such rights may impinge on the availability for use of a new Trade Mark.

It may also be necessary to consider such rights in the context of protecting features which may not have been protected as a Trade Mark, for example, because of difficulties in obtaining registration or because the feature was not considered important enough to register.

We are continually aware of the need to consider these aspects when advising our clients and will offer the guidance and support required when appropriate.