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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