What about my business' reputation? Can that be protected?

The best way to protect a business' reputation is through the use of a trade mark. Trade marks protect the logos and brand marks of a business to which the business' reputation is attached and prevent other businesses from using the same or similar marks.

In addition to or in the absence of a trade mark a business may fall back on the common law concept of 'passing off'. This prevents other businesses from presenting their goods or services as the goods or services of your business and making unfair use of your business' reputation.

To succeed with a passing off claim it is first necessary to show that your goods or services have a reputation amongst customers and that this reputation is linked to a distinctive feature of the goods or services, such as a name or a packaging style. Once a reputation can be shown, passing off can be established if the other business is found to be using a similar feature which results in the customers actually being fooled as to the origin of the products and which is likely to damage either your profit or business' reputation.

A member of our specialist Business Law Solicitors can help protect the reputation of your business. Call freephone 0800 975 2463 or contact us by email.

Our Dispute Resolution Solicitors can provide advice as to the merits of a passing off action.

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16 Mar 2018

Commercial

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