Passing off
A common-law intellectual-property claim used where one business misrepresents its goods, services, or brand in a way that may confuse the public and damage another business's goodwill.
Definition
Passing off is different from a registered trade mark claim, although the facts can overlap. The practical review should organise brand use, reputation or goodwill, customer confusion, copied names or get-up, market overlap, dates of first use, advertising, sales evidence, complaints, screenshots, and whether urgent interdict or trade mark steps are needed.
In a South African legal context, passing off should not be treated as an isolated dictionary word. It usually sits inside a broader intellectual property process, and that process can affect what documents are needed, which deadlines matter, and what next step is sensible.
Key takeaways
A common-law intellectual-property claim used where one business misrepresents its goods, services, or brand in a way that may confuse the public and damage another business's goodwill.
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How it applies
Passing off often matters when a person is dealing with Passing off, Brand confusion, and Trade mark dispute. The term can shape how the problem is described, which facts matter, and what evidence should be gathered.
Related resources such as Intellectual Property Document Pack, Intellectual Property Fee and Scope Guide, and IP Protection Checklist help turn the concept into a practical preparation path before a consultation or formal step.
Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Passing off
Passing off where the person needs to understand how passing off affects the next legal step.
Brand confusion
Brand confusion where the person needs to understand how passing off affects the next legal step.
Trade mark dispute
Trade mark dispute where the person needs to understand how passing off affects the next legal step.
Next steps
What usually happens next
Start by using the definition and related questions on this page to place the issue inside the correct intellectual property pathway.
Use the related resource path for Intellectual Property Document Pack, Intellectual Property Fee and Scope Guide, and IP Protection Checklist to prepare documents, dates, facts, or questions before speaking to a lawyer or firm.
When the matter is urgent, disputed, document-heavy, or deadline-sensitive, move from research into lawyer discovery through Intellectual Property Lawyers Johannesburg or compare support through Intellectual Property Law Firms.
Related resources
Resources and guides
Intellectual Property Document Pack
Prepare a intellectual property document pack by organising identity, authority, core matter records, official records, correspondence, financial records, deadline notes, and fee questions.
Intellectual PropertyChecklistIntellectual Property Fee and Scope Guide
Prepare fee and scope questions for a intellectual property matter by separating consultation fees, fixed fees, hourly work, disbursements, official fees, exclusions, approval rules, and invoice controls.
Intellectual PropertyChecklistIP Protection Checklist
IP Protection Checklist for preparing documents, facts, dates, and questions connected to intellectual property.
Intellectual PropertyChecklistTrade Mark Search Checklist
Trade Mark Search Checklist for preparing documents, facts, dates, and questions connected to intellectual property.
Intellectual PropertyFAQs
Passing off FAQs
What is passing off?
What is passing off starts with the definition above, but the practical meaning depends on where it appears in the intellectual property process. Use the related Trade mark term, resources, and lawyer searches to understand the next step.
Is passing off the same as trade mark infringement?
Is passing off the same as trade mark infringement depends on the facts, the documents involved, and where the matter sits in the intellectual property process, especially where it relates to passing off. Start with the definition above, then use the related terms and resources to understand the next step.
What evidence helps prove goodwill and confusion?
What evidence helps prove goodwill and confusion depends on the facts, the documents involved, and where the matter sits in the intellectual property process, especially where it relates to passing off. Start with the definition above, then use the related terms and resources to understand the next step.
When is urgent action needed?
When is urgent action needed depends on the facts, the documents, and any deadline that applies. If timing may affect passing off, check the relevant process early and speak to a qualified legal professional where necessary.
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Lawyers and firms
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