Recent content by AdamTMA

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    Protecting a company name

    There isn't unfortunately. However, the vast majority of our applications are successful, primarily because we advise of foreseeable issues before the application is filed.
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    Protecting a company name

    a UK application in 1 class starts from £420 (including registry fees).
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    Protecting a company name

    The alternative is to rely on unregistered trade mark rights i.e. the tort of passing off. This means that should someone set up shop with a similar name to you, you would need to prove that you have goodwill in your mark, that they are misrepresenting themselves as you, and that...
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    Protecting a company name

    A trade mark registration is the most useful weapon to have in your armoury if you wish to stop third parties from using your name. It is worth remembering that applying to register a trade mark puts your business in the public eye. There are numerous instances of people in your situation...
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    Trademark query

    If you apply in Ireland before they do, you stand a much better chance of getting a registration (assuming there are no other issues with the application). It is possible that they could oppose your application based on the earlier unregistered trade mark rights they acquired by using the mark -...
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    Trademark query

    Hi Vincent, It'd be sensible for you to file trade mark applications in the countries in which you are trading, or expect to be trading in the next 3-5 years - before the Irish entity do so. There are a number of ways to go about this, as covered in our blog post here...
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    Trademark application opposed - Advice please

    How long has your restaurant been trading under that name, and how old is their trade mark? It may be that you have earlier unregistered rights, and could potentially invalidate their trade mark. Perhaps we should have a conversation about this? It is very difficult to give meaningful advice...
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    Trade mark question - simple.

    It is very difficult to offer any tangible advice without knowing what their registration is, and what you intend to apply for. As has been suggested above, you either accept someone beat you to it and move on, or you go ahead with it knowing that the mark may be opposed.
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    Trademark - Words in logo advice please

    Answer to question 1: provided your company name is sufficiently distinctive, you should not receive an objection from the registry. The registry will refuse marks which are "exclusively" descriptive i.e. if the mark was [distinctive element]+[cards & gifts], then it shouldn't be objected to...
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    Trade mark question - simple.

    There are common misconceptions about the class system and trade marks. Purely because two goods/services are in the same class does not automatically mean they are similar. e.g. class 9 has both computer software and sunglasses - such goods are unlikely to be considered to be similar. What...
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    Name similar to big company

    You never know until you ask I suppose! Unfortunately I would never advise my client to consent to the use/registration of another trade mark unless it is in a formal agreement. Such agreements require a significant level of drafting for clarity, and the costs should logically be paid for by...
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    A large company has given notice for opposing my trademark - advice needed

    Not a bad strategy!
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    cease and desist after trademark application

    Exactly, although there are of course legal precedents, each case turns on its own facts. High Court judgements deciding whether or not one trade mark infringes another are often around 60 pages long!
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    German court, very worrying

    You need some advice here from a German lawyer to find out exactly what has been levelled against you in the German courts
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    A large company has given notice for opposing my trademark - advice needed

    It isn't bad practice to contact the other side's lawyers- it would be sensible to try and reach some common ground. However, think carefully as to whether or not this is something you would want to do yourself. It is a complex area of law. A half decent trade mark lawyer will be able to tell...
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