Passing off—flowchart

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Published by a LexisNexis IP expert
Flowcharts

Passing off—flowchart

Copyright © 2025 LexisNexis

Published by a LexisNexis IP expert

Flowcharts
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Passing off action

Passing off is a common law action that is used to protect unregistered trade mark rights in the UK.

The stages of the Flowchart cover establishing a claim for passing off covering:

  1. •

    the three essential elements of goodwill, misrepresentation, and damage

  2. •

    sending a letter of claim, issuing proceedings and applying for an injunction

  3. •

    commencing proceedings in the general Intellectual Property List or the Intellectual Property Enterprise Court sub-list in the Business and Property Court, in the Chancery Division at the High Court

  4. •

    case management including allocation, the case management conference and directions

  5. •

    disclosure and evidence including inspection, additional disclosure and survey evidence

  6. •

    trial preparation and post-trial activities such as election between damages or an account of profits

  7. •

    applications to appeal

Stage 1—preparing to bring a claim and pre-action matters

Claim preparation and pre-action matters—Practice Notes

  1. •

    Passing off—goodwill, misrepresentation and damage

  2. •

    Trade mark and passing off disputes—a practical guide

  3. •

    How to run an IP dispute

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Jurisdiction(s):
United Kingdom

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