![]() Passing-Off Trademark Elementsįurther, in many countries, including the USA, usage of the mark is a primary requirement for getting a trademark. Thus, while trademark rights available for registered trademark logos, passing-off claim is for unregistered ones.Ĭountries like India, Australia, UK, and USA provide the option to use passing-off claim. The concept of passing off is to prevent the infringers from misrepresenting or causing damage to the owner’s logo. Passing off claim in legal terms is used for proving the claim to the unregistered trademark rights. In this case, you will need to prove the prior usage of the logo, i.e., passing off claim. If your untrademarked logo has goodwill and firm ground in the market, you can sue the infringer for violating your intellectual property rights. ![]() Unfortunately, the choices are limited in the case of an untrademarked logo design. ![]() #Trademark my logo how to#How to Stop Trademark Infringement How To Stop Someone From Using Your Trademark Logo? Note that depending on whether your logo is trademarked or not, the course of action varies. The table shows what you can do if someone steals your logo. When the infringer’s logo is causing loss to your business.If the infringer has been using the trademark for deception. ![]()
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