If a trade mark is not registered, the goodwill relating to the trade mark can still be protected in an action for passing off. In order to bring a claim for passing off, the claimant needs to show:
- proof of a reputation in the trade mark;
- that there has been a misrepresentation that could mislead the public; and
- proof of damage, for example financial loss or damage to goodwill.
Schillings are the leading lawyers in reputation management and brand protection; specialising in defamation and privacy for private clients and corporate organisations. Schillings have a very active dispute resolution department and we also provide family and matrimonial advice to our private client base of high-net worth individuals and celebrities. In addition, our sports department manages work in reputational, regulatory and sports sponsorship matters for some of the highest profile sports stars, brands and clubs.
If you have any queries please contact Schillings on 020 7034 9000 or email us at legal@schillings.co.uk