Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Passing off definition

What does Passing off mean? Passing off is the common law tort used in practice to stop one business misrepresenting its goods or services as those of, or connected with, another. It protects unregistered trade marks and wider brand indicia such as names, logos, get‑up/trade dress, packaging, slogans and domain names. The action is defined by case law, not statute. To succeed, a claimant must prove: (1) goodwill or reputation in the relevant UK or Irish market; (2) a misrepresentation by the defendant to the public leading, or likely to lead, the public to believe the defendant’s goods or services are the claimant’s;...

Passing off in the UK: practical guide to elements, extended passing off, goodwill ownership and location, misrepresentation types, evidence and damage

Published by a LexisNexis IP expert

Practice notes

What is passing off?

Passing off is a common law tort that safeguards rights which cannot be, or are hard to, register as trade marks, as well as unregistered rights that have built up goodwill. Examples include:

colours
get-up
packaging

Through the law of passing off, a trader may stop others from exploiting its goodwill unfairly. It is unlawful to suggest that goods or services have an affiliation or link with another trader when no such connection exists. Passing off is a strict liability tort, so the trader’s intention is immaterial.

Claims in tort, including passing off, must be issued within six years from the date the cause of action arose. For further details, see the Q&A on the limitation period for a passing off claim. This Practice Note examines, in depth, the three essential elements of a passing off claim, outlined below. For an overview, see Practice Note: Introduction to passing off. For more on using registered trade marks to protect colours...

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Web page updated on 28/05/2026

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