Trade mark

[chambers9661]

I have registered a band name for trademark. I am in the period of waiting for objections. My period ends 12th September. I then have to wait 14 days for my certification. Once my objection period ends can i enforce any infringement even though i am waiting on certification. I read that the trademark starts from date of registration ?
Thanks

 

[RevoMark]

I have registered a band name for trademark. I am in the period of waiting for objections. My period ends 12th September. I then have to wait 14 days for my certification. Once my objection period ends can i enforce any infringement even though i am waiting on certification. I read that the trademark starts from date of registration ?
Thanks

Your rights start from the date of filing but are only enforceable once the mark has actually proceeded to registration.

 

[fisicx]

@chambers9661 - you can’t enforce anything. All you can do is take legal action. Which means paying a solicitor.

And if they were using the name before you got the trademark it becomes more difficult to get them to stop.

I had a US multinational take action against me. They lost because I could prove I’d been using the name for years before they got the trademark.

 

[MikeJ]

This does sound as though the OP has registered just to take action against someone...

 

[RevoMark]

Not all as simple as it sounds. First use is irrelevant. In order to rely on common law rights a reputation would be required.

 

[fisicx]

Not all as simple as it sounds. First use is irrelevant. In order to rely on common law rights a reputation would be required.

Yes, but my point was you need to take legal action, simply having the trademark doesn’t mean everyone has to stop using the band name.

 

[Samian]

As others in this string have said owing a trademark is one thing but enforcing it is another, I owned a trademark for over twenty years when a large coperate company started using the name I had trademarked, thats when I first heard the term deep pocket litigation, months passed with letters back and forth as my legal bill got higher and higher and forced me to a agree a compromise. Owning and enforcing it are very different things, if you are you are a small to medium sized company, IP lawyers will always tell you you have a case but won’t guarantee a win whereas larger companies often have in-house lawyers and can play the long game.