Unregistered trade marks
You may be able to stop someone using a similar trade mark to yours on their goods and services (known as ‘passing off’), even if you have not registered it.
You’ll usually need to get legal advice from a trade mark attorney.
It’s harder to prove passing off than it is to defend a registered trade mark. To be successful you’ll need to show that:
- the mark is yours
- you’ve built up goodwill associated with the mark
- you’ve been harmed in some way by the other person’s use of the mark