over 6 years ago
Passing-Off Of Trademark In India Passing-off action is described as one of the issues in establishing the trans-border reputation of the trademark which arises when an unregistered trademark is used by a person who is not the proprietor of the said trademark in relation to the goods or services How to protect the trans-border reputation of a trademark Section 27(2) of trademarks act, 1999 provides action for passing-off in order to protect the reputation of trademark:- Similarity of trademarks Deceptively passing of goods or services by the defendant which originally belongs to the plaintiff If the mark is likely to cause confusion among the public then also the action of passing-off will be instituted against the person.