What is meant by ‘Passing Off’?

The term ‘Passing Off’ is not defined in the Act but it is referred in section 27, 134 and 135 of Trademarks Act, 1999. ‘Passing Off’ is a form of Tort meaning a civil wrong or injury. A Law of ‘Passing Off’ is based on Common Law to protect the goodwill and reputation of business or an unregistered trademark from encroachment by dishonest competitors.

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