Passing off key trade marks can be important. The UK law of passing off protects Registered trade marks can also act the goodwill generated by the use as a deterrent to third parties that of things such as company names, might otherwise consider using the trading names, product/service same or confusingly similar marks. names, brand names, logos and Passing off is a UK-specific right ‘get-up’ (meaning the general ‘look’ – different means of protecting of products and their packaging). To unregistered trade marks may establish passing off it is necessary be available in other countries. to show: Designs goodwill or reputation (for Design rights can be used to protect example, goodwill attaching to a such things as the ‘look’ of a game particular brand or game name, itself (including potentially individual arising from use) frames of gameplay) and the a misrepresentation by a third appearance and shape of games party (for example, the use of consoles, controllers and other a highly similar game name – accessories. whether deliberate or accidental There are two main types of design – that deceives the public into protection available in the UK: a thinking that the game is linked registered design (known as a ‘UK to the original when it is not), and Registered Design’ or ‘UKRD’) and damage. an unregistered design (known as Enforcing rights under a passing off a ‘Supplementary Unregistered action is usually more expensive than Design’ or ‘SUD’). Both protect enforcing rights under a registered the appearance of a product or trade mark because of the need its packaging, resulting from the to submit evidence of goodwill features of the product/packaging and misrepresentation. That is why or its ornamentation. To qualify for obtaining registered protection for protection, the design must be new 128