Apply to register a trade mark

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