Company Name & Trademark

Discussion in 'General Business Forum' started by FoxGuitar, Dec 6, 2018 at 10:38 AM.

  1. FoxGuitar

    FoxGuitar UKBF Newcomer Free Member

    7 1
    Hi Guys,
    I'm starting up a new company. I have a company name that is not been used by anyone and the domain name is also available. However the name is trademarked by a food company from the netherlands. They trade in a totally different sector to me. I was planning on trademarking the name myself in two classes. The netherlands company as the name trademarked in three classes but they are different classes to the ones that i would trademark in.

    Question is should i change the company name?
     
    Posted: Dec 6, 2018 at 10:38 AM By: FoxGuitar Member since: Jul 5, 2017
    #1
  2. Gecko001

    Gecko001 UKBF Enthusiast Free Member

    2,839 443
    You say the name has not been used by anyone, but yet there is company in the Netherlands who has the name trademarked. Surely they must use the name.
     
    Posted: Dec 6, 2018 at 12:19 PM By: Gecko001 Member since: Apr 21, 2011
    #2
  3. FoxGuitar

    FoxGuitar UKBF Newcomer Free Member

    7 1
    They have the trademark in the UK in three classes. They are not registered at companies house as a UK company.
     
    Posted: Dec 6, 2018 at 12:54 PM By: FoxGuitar Member since: Jul 5, 2017
    #3
  4. Gecko001

    Gecko001 UKBF Enthusiast Free Member

    2,839 443
    The trading name will probably be more important than the Ltd Company name. If the trading name is the same as a name already trademarked in the UK then you could have difficulties.

    The fact that you are in a different sector to the Netherlands company might allow you to use the same name, but it will depend on the particular name and how close the sectors are etc.

    You really need to consult a trademark attorney or a lawyer specialising in intellectual property. That way you will be able to disclose names and details with someone.
     
    Posted: Dec 6, 2018 at 1:58 PM By: Gecko001 Member since: Apr 21, 2011
    #4
  5. FoxGuitar

    FoxGuitar UKBF Newcomer Free Member

    7 1
    Any trademark experts on the forums that can wade in or send me a pm?
     
    Posted: Dec 7, 2018 at 6:59 PM By: FoxGuitar Member since: Jul 5, 2017
    #5
  6. jacobwatson

    jacobwatson UKBF Newcomer Free Member

    1 0
    NO. All the best!!
     
    Posted: Dec 8, 2018 at 12:27 PM By: jacobwatson Member since: Dec 8, 2018
    #6
  7. The Byre

    The Byre UKBF Ace Free Member

    7,662 2,981
    That sounds as if they are really keen to protect their trademark and that they are trading here - that alone should tell you something!

    Totally irrelevant!

    The safe, wise and intelligent thing to do is to find a different name to trade under.
     
    Posted: Dec 8, 2018 at 5:05 PM By: The Byre Member since: Aug 13, 2013
    #7