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ARTICLE · 14 APRIL 2023

How Do We Define "Counterfeit"?

Marks & Clerk
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I have long been interested in language - from studying two modern foreign languages at A-level, to writing a dissertation at University as part of my Law degree on the topic...

United KingdomConsumer Protection
Megan Rannard
Megan Rannard
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I have long been interested in language - from studying two modern foreign languages at A-level, to writing a dissertation at University as part of my Law degree on the topic of "legalese" (comparing the French and English legal languages), and another on the translation and transliteration of trade marks.

A recent webinar got me thinking about how we define the word "counterfeit", particularly when we are devising anti-counterfeiting strategies and also as consumers. What about a "replica" or "knock-off" product? Do these count as "counterfeits"?

Starting with "counterfeit", I found a few definitions from a variety of sources that initially appear quite similar (for example, all of the definitions specifically mention trade marks or IP) but upon closer inspection, they have some interesting differences:

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