Passing off—goodwill, misrepresentation and damage


Published by a ÑÇÖÞÉ«ÇéÍø IP expert
Practice notes

Passing off—goodwill, misrepresentation and damage


Published by a ÑÇÖÞÉ«ÇéÍø IP expert

Practice notes
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What is passing off?

Passing off is a common law tort which protects rights that are not capable of registration or are difficult to register as trade marks (eg colours, get-up and packaging), or rights that had not been registered formally, but have acquired goodwill. The law of passing off entitles a trader to prevent other traders from unfairly using its goodwill. It is unlawful for a trader to hold out that its goods or services have some association or connection with another trader when this is not the case. Passing off is a tort of strict liability: the intention of the trader liable for passing off is not relevant.

An action founded on tort, such as passing off, cannot be brought after the expiration of six years from the date on which the cause of action accrued. For more information, see Q&A: What is the limitation period for a passing off claim?

This Practice Note considers the three key elements of a claim for passing off in detail, as set out below. For a general introduction to

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Jurisdiction(s):
United Kingdom
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Key definition:
Passing off definition
What does Passing off mean?

Passing off is a law'>common law action used to protect unregistered trade mark rights in the UK. The three principal elements which must be demonstrated in order to succeed in a passing off case are goodwill, misrepresentation and damage.

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