Business Reputation & Passing Off 

Protecting Goodwill and Market Position
Even without registration, businesses can protect their reputation through passing off. This common law action prevents others from misinterpreting their goods or services as yours.  

Our Business Reputation & Passing Off Services Include:

  1. Advising on misrepresentation and unfair competition
  2. Initiating passing off actions in Malaysian courts 
  3. Protecting trade dress, get-up, and goodwill 
  4. Strategic enforcement 

Top Law Firm Malaysia KL, Johor, Penang, Seremban Low & Partners Intellectual Property

FAQs- Common Client Concerns

What if I never registered my brand?

You may still have rights through passing off but proving them is complex and evidence heavy. 

How do I prove passing off?

Evidence of goodwill, misrepresentation, and damage is required. We guide you in gathering and presenting it effectively. 

Is passing off as strong as trademark registration?

No. It’s harder to prove and more expensive to litigate. Registration is always recommended. 

Can I stop a competitor copying my packaging?

Yes, if it misleads consumers into thinking their goods are yours. 

What remedies are available?

Injunctions, damages, and delivery up of infringing goods. 

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Awards and Recognition

We are proud to be nominated as the top finalists of  "SE Asia Law Firm of the Year" and "Malaysia Law Firm of the Year" by ALB (Asian Legal Business) Law Awards 2018 and 2019.

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