27/04/2026
Many founders assume that if someone copies their brand, it automatically qualifies as trademark infringement.
In reality, the distinction is more nuanced.
There are two key concepts at play: trademark infringement and passing off.
Trademark infringement occurs when a registered trademark is used without authorization.
Passing Off applies even without registration, where a business misrepresents its goods or services in a way that creates confusion and leverages another brand’s reputation.
While both protect businesses, they operate on different legal foundations—and understanding this difference is essential for brand owners.
The takeaway is simple:
Protecting a brand is not just about registration but also about building and safeguarding its reputation in the market.
For businesses and startups, taking early steps toward both legal protection and brand positioning can prevent significant issues later.
If you’re building a brand, it’s worth asking:
Are you only protecting your name or your entire identity?