PASSING OFF
Misleading branding can affect a business even without a registered trade mark. Nitin Agarwal can assess goodwill, misrepresentation and actual or likely damage before you decide how to respond.
Send your trading history, evidence of customer recognition, examples of the disputed conduct and any correspondence.
WHY TAKE ADVICE?
Trading history and customer evidence help identify the goodwill relied on. A name alone does not prove a claim.
Assess what is represented to customers and the risk of a misleading connection. Context matters alongside similarity.
Review actual or likely commercial harm and the outcome you need to achieve. Plan a proportionate next step.
WHEN WE CAN HELP
These are illustrative situations, not accounts of completed client matters.
A name, packaging or presentation may suggest a connection with your established business or products.
We can review your trading history and evidence of the disputed use. The assessment considers goodwill, misrepresentation and damage.
A former partner or distributor may present itself as connected with your business after that ends.
We can assess the presentation against the commercial history. Advice and correspondence follow the scope agreed before work.
Another business challenges your branding or presentation and you need an assessment of its claim.
We can review the allegations and relevant supporting evidence. Negotiation may offer a route depending on the circumstances.
THE SERVICE
A passing off concern needs evidence of the business, the conduct complained of and the harm alleged.
Review the names, branding, goods, services and trading history involved.
Identify records of your trading, customers, promotion and recognition.
Consider the representations, potential confusion and evidence of damage in the agreed assessment.
Compare commercial negotiation, correspondence and appropriate specialist options.
Draft instructed communications or coordinate further advice, with any proceedings separately scoped.
A CLEAR PROCESS
Provide evidence of the business, branding and trading history.
We assess the conduct complained of and the available supporting material.
Consider a proportionate response and any specialist input required.
Authorise the agreed correspondence or further work.
YOUR ATTORNEY
Nitin Agarwal is a Chartered Trade Mark Attorney and founder of Corpinal IP Limited. You deal directly with him on the agreed advice and work. The engagement confirms the scope and any specialist support required.
BEFORE YOU INSTRUCT US
Have a question about your situation? Tell us what you need help with and include any relevant dates.
Passing off is a common law action used to protect business goodwill against a misrepresentation that causes, or is likely to cause, damage. The precise assessment depends on the facts and evidence.
No. Passing off can be particularly important where relevant branding is not registered. However, you normally need evidence of protectable goodwill and the other elements of the claim.
Evidence may include trading history, sales and marketing material, customer recognition, examples of the other party’s use, instances of confusion and information showing actual or likely commercial damage.
Yes. Depending on the circumstances, disputes may be resolved through correspondence, undertakings, changes to branding, negotiated settlement or other agreed measures without a final court judgment.
An initial conversation identifies your needs and whether we can help. Document review, legal assessment, drafting and substantive advice are paid work, with scope and fees agreed before we start. Sending an enquiry does not confirm that we can act or that a deadline is being monitored.
RELATED GUIDANCE
Start with the rights and actual use involved, whether you want to raise a concern or respond to an allegation.
Whether you are sending or receiving a letter, the wording should follow an assessment of the rights, evidence and objective.
Prepare a trade mark application around your brand, goods and services.
BRAND PROTECTION CHECK
Explore your wider brand protection needs with questions tailored to your business and plans.
No contact details needed to see your results.
YOUR NEXT STEP
Send your trading history, evidence of customer recognition, examples of the disputed conduct and any correspondence.
We agree the scope and fees before substantive work begins. If a deadline is close, telephone us as well. An enquiry does not confirm that we are acting or monitoring a deadline.