Please use this identifier to cite or link to this item:
Passing off Action on Trade Marks
- The action for passing off is a kind of trademark infringement action. It is a common law action and the principles are laid down in judicial precedents. In order to be a successful action for passing off, it must cover three situations. They are, a misrepresentation, intentional injury to business or goodwill of another trader and actual damage to a business or goodwill of the trader by whom the action is brought or will probably do so. This kind of trademark infringement will be serious issues on trademark infringement in Myanmar. In some cases, a trademark was not registered on any ground, as, for example, it is refused to register by registrar by reason of unregistrable mark. It is meant that this trademark is not granted to register and not presumed that the product is not granted to sell in the market. As a result, a trademark will not be granted to register but it may be a well-known mark in the market. Myanmar trademark law will be passed in the near future. In this new Trademark Law, the provisions relating to passing off protection should be inserted for securing rights on trademark which is not granted to register by trademark office by any ground.
Thit Oo Hlaing
- Yadanabon University Research Journal