‘Passing off’ under Trademark Rules

Recently, the Delhi High Court cancelled a trademark registration based on a ‘Passing off’ condition.

What is ‘Passing off’?

  • Passing off action basically refers to the unauthorised use of goods, services, and the goodwill attached to another person’s business, which would amount to misrepresentation.
  • When the trademark has been registered by the owner and infringement happens, then it becomes a suit for infringement, but if the trademark has not been registered by the owner and infringement happens, then it becomes a case of passing off.
  • Passing off is a common law tort which occurs when a person sells his products as the ....
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