O/T any legals on that know about trademarks

This topic has 4 replies, 2 voices, and was last updated 14 years, 10 months ago by TF_boss bait.

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- 20/07/2011 at 7:33 pm #47923
  TF_boss bait
  Participant
  have my own business that i have traded for 14 years and have received a letter to tell me to stop using the name as it is trademarked by some one else, same field but other end of the country where do i stand.
  
  thanks in advance
- 20/07/2011 at 8:29 pm #145758
  TF_FBlues
  http://www.companypartners.com/content/resource/trademarks
  
  I think you’re safe unless you have the same/similar logo and his is registered and yours isn’t. They need to be a big firm to afford the legal costs! There are lots of Fishermania, Fishamania, Fishomania fish and chip shops, even tackle shops but if any of them called themselves “Fish’O’Mania” they’d be in trouble because the name constructed in that manner ie with the ‘O’ in the middle would be violating the trademark.
  
  If the name you have is spelt unusually (like the ‘Kover’ in Korda Kover insurance for example) and it clashes with their name for similar service/goods, then it could be an issue but I think it would depend on who got there first – not registering the name but actually using it. After all, they could have copied your name, registered it and try to put you out of business. That’s not right.
- 20/07/2011 at 8:48 pm #145759
  TF_boss bait
  Participant
  @FBlues wrote:
  
  http://www.companypartners.com/content/resource/trademarks
  
  I think you’re safe unless you have the same/similar logo and his is registered and yours isn’t. They need to be a big firm to afford the legal costs! There are lots of Fishermania, Fishamania, Fishomania fish and chip shops, even tackle shops but if any of them called themselves “Fish’O’Mania” they’d be in trouble because the name constructed in that manner ie with the ‘O’ in the middle would be violating the trademark.
  
  If the name you have is spelt unusually (like the ‘Kover’ in Korda Kover insurance for example) and it clashes with their name for similar service/goods, then it could be an issue but I think it would depend on who got there first – not registering the name but actually using it. After all, they could have copied your name, registered it and try to put you out of business. That’s not right.
  
  thanks for the reply they registered the very similar name (ther’s is uk mine is cleaning sevices) in 2000 but i was trading in 1998(it has not been an issue for 11 years) same service but miles apart sussex and mcr and as far as i am aware dont ply there trade near me. problem i have is all my customers know my name and the van is sign written,expensive advertising paid for 😡 😡
- 20/07/2011 at 9:27 pm #145761
  TF_FBlues
  If you have a solicitor, ask them. If you don’t but have an accountant, ask them. I don’t think they’ve got a prayer to be honest.
- 20/07/2011 at 9:42 pm #145764
  TF_boss bait
  Participant
  @FBlues wrote:
  
  If you have a solicitor, ask them. If you don’t but have an accountant, ask them. I don’t think they’ve got a prayer to be honest.
  
  hope not will let you know how i get on could understand if i had set up last week
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