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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