Definitions

   What is Passing Off?
   What is trade mark infringement?
   Can I refer to products using only a generic term such as Low E Glass or Patterned Glass?



1. What is Passing Off?


Passing off involves a misrepresentation likely to lead the customer either trade or retail to believe that  goods offered for sale are the goods produced by one manufacturer when in fact they are goods produced by another manufacturer.


2. What is trade mark infringement?


The use of a sign which is identical to a registered trade mark or which is sufficiently similar to it so as to result in a likelihood of confusion on the goods for which the mark is registered may be held to be an infringement of that registration.

3. Can I refer to products using only a generic term such as Low E Glass or Patterned Glass?


Yes you can promote the sales of products in this way. However if a customer orders goods using the name of a particular manufacturer or by reference to the trade mark of a particular manufacturer you need to consider whether or not you are able to fulfil that order. If you do not supply the goods of that particular manufacturer then you should make the customer aware of that fact before you accept his order.