Can I rely on my common law rights such as passing off instead of registered trade marks?

You can rely on common law rights but in order to succeed on a case for passing off you will need to show that a third party was aware of your use of the trade mark and deliberately misled customers. If you bring an action for infringement of a registered trade mark, there is no need to show any knowledge of your activities by the defendant so that trade mark infringement is much easier and cheaper to establish.

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