
Although the “passing off” principle has sometimes faced criticism for potentially broadening trademark protection—particularly in cases involving unregistered or unconventional marks like shapes, scents, or sounds—it serves an essential purpose. It safeguards the rights of business owners and shields consumers from deception, ensuring fair competition and reflecting the realities of modern commerce.
Sources
Details
- Publication date
- 21 August 2025
- Author
- European Innovation Council and SMEs Executive Agency