Short answer
For a trade mark or passing off quote, prepare registration details, brand-use evidence, screenshots, sales channels, confusion evidence, correspondence, loss or account documents, urgency details and any IPEC or court papers.
Quick checklist
Start with these
Rights, Brand Use And Ownership
The first question is usually what right is relied on and who owns or controls it. A short allegation without registration, licence or use evidence may be difficult to assess.
For registered trade marks, include the registration details and goods or services. For passing off, organise trading history and goodwill evidence.
- Trade mark registration number, owner, classes and status.
- Licence, assignment, group-company or brand-ownership documents.
- Website, packaging, advertising, social media and marketplace screenshots.
- Sales, customer, territory and trading-history evidence.
- Evidence of reputation, reviews, press, awards or longstanding use where relevant.
Alleged Infringement Or Passing Off
The pack should show exactly what the other party is doing, where it appears and why the conduct is said to matter commercially.
- Screenshots, listings, adverts, domain names, labels or product photographs.
- Dates when the use was first discovered and whether it is ongoing.
- Customer confusion, misdirected enquiries, complaints or mistaken orders.
- Cease-and-desist letters, platform complaints and responses.
- Loss, profits, account, stock, supplier or market-impact evidence.
Court, IPEC And Urgency Questions
Intellectual property claims may involve the Intellectual Property Enterprise Court, the wider Business and Property Courts, interim injunctions, settlement or alternative dispute resolution.
This guide is general preparation information only. It does not advise whether infringement or passing off has occurred, whether a claim should be issued or whether urgent relief is available.
- Letter-before-claim timetable, response date or court deadline.
- Any issued claim, application, order or hearing notice.
- Urgency evidence, such as a launch date, ongoing sales or event deadline.
- Settlement proposals, undertakings or without-prejudice correspondence where appropriate.
- The specific help requested: advice, pleading review, injunction evidence or advocacy.
Source note: source-checked against GOV.UK Intellectual Property Office enforcement guidance, GOV.UK trade mark guidance and Civil Procedure Rules Part 63/Practice Direction 63 on 10 September 2026. Infringement, passing off, validity, threats, forum and injunction issues need specialist IP review before publication.
Claim and official-source ledger
- CPR Part 63 applies to intellectual property claims, including registered trade marks and the right to prevent passing off.
- Part 63 - Intellectual Property Claims — Civil Procedure Rules; checked .
- GOV.UK explains that IP owners may seek agreement, mediation or legal action where IP is used without permission.
- Defend your intellectual property — GOV.UK; checked .
Editorial status: Review required. Sources support the identified claims only. General information; not legal advice.
Trade Mark And Passing Off Barrister Evidence Guide FAQs
Should I send the trade mark registration?
Yes. Send the registration number, classes, owner details and any licence or assignment documents, plus evidence of how the mark is used in practice.
What if the mark is not registered?
Unregistered brand disputes may raise passing off or other issues. Send evidence of goodwill, trading history, customer recognition and alleged confusion.
Can this guide be used by someone accused of infringement?
Yes. A response pack should include the allegation letter, your own mark or trading history, product evidence, legal deadlines and any steps already taken.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
