Practice Areas
Passing Off & Unregistered IP Protection
Passing off is a common law tort that protects traders against misrepresentation — even where their mark or get-up is not registered. It is a powerful tool for businesses with established reputation who face deliberate imitation.
Overview
Under Indian common law (following the English passing off doctrine), a trader can obtain relief against another trader who misrepresents their goods or services as being those of, or connected with, the first trader — even if the mark or get-up is not registered as a trademark.
The three elements of passing off — goodwill, misrepresentation, and damage — must be established. Courts have applied the doctrine broadly to protect trade names, get-up, advertising styles, and even character merchandising where there is sufficient reputation in the market.
Passing off actions are particularly relevant in two situations: where a trademark has not been registered (or registration is pending) and where a trademark registration is in a different class from the defendant's goods or services but there is still a risk of confusion. They are also commonly brought alongside trademark infringement claims as an alternative cause of action.
Our Services
- Passing off assessment and action strategy
- Evidence gathering on goodwill and reputation
- Interim injunction applications
- Passing off litigation before courts
- Combined trademark and passing off proceedings
- Settlement and consent orders
Legal Framework
Trade Marks Act, 1999 — Section 27(2)
Preservation of rights of action for passing off even where a mark is unregistered.
Specific Relief Act, 1963
Governs injunctive relief in civil proceedings.
Code of Civil Procedure, 1908
Procedural framework for passing off actions.
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Protect what you've built.
Speak with Advocate Chirag Bhatt about your dispute, commercial, or regulatory matter. Initial consultations are confidential.