- Original Poster
- #1
Hello,
I needed some advice on a trademark name that I have published - I have received a letter of Threatened Opposition' as the names are very similar and we are also in the same category. Before publishing my business name I did do a search and nothing appeared that was a close match at that time; they do not have a website or an actual brick and mortar shop. I can confidentially say that they haven't been trading for 5 years and they have had the mark for 5+ years (they have contacted me to say this isn't the case) - Since my conversation with them I have done further research and discovered that they're not actually in the right category; they sell retail goods from wholesalers that are not their own brand (since we have spoken they now say their intention is to create their own brand), whereas I would be selling my own brand. I wanted advice on how to approach this? Based on the above would it be best to assert that their trademark is invalid or ask for proof of use?
Thanks in advance
I needed some advice on a trademark name that I have published - I have received a letter of Threatened Opposition' as the names are very similar and we are also in the same category. Before publishing my business name I did do a search and nothing appeared that was a close match at that time; they do not have a website or an actual brick and mortar shop. I can confidentially say that they haven't been trading for 5 years and they have had the mark for 5+ years (they have contacted me to say this isn't the case) - Since my conversation with them I have done further research and discovered that they're not actually in the right category; they sell retail goods from wholesalers that are not their own brand (since we have spoken they now say their intention is to create their own brand), whereas I would be selling my own brand. I wanted advice on how to approach this? Based on the above would it be best to assert that their trademark is invalid or ask for proof of use?
Thanks in advance
