I'm being hassled

[Mrs homecare]

A huge company has opened a franchise in Wales uk , they have emailed me 10 times to say I must change my name even though I'm registered with companies house all above board ect. Now they say I can change my marketing, I'm just a little company and we make a living, shall I ignore them as I'm fed up answering the mail.

 

[OldWelshGuy]

On What grounds are they making a claim? This is the crucial point here.

 

[Richie N]

Do they have the trademark?

 

[internetspaceships]

Is the clue in the OP's name perhaps?

 

[prizeamonth]

surely the terms handyman or homecare would be exempt from trademark as they are universal terms not specific names or brandable items??

just a thought hopefully someone with more trademark experience can answer that better

 

[internetspaceships]

You don't need to because if you google Homecare, it shows it's a registered Trademark.

 

[prizeamonth]

sorry i googled homecare and found it to be a universal term relating to any type of care in the home the trademark in place refers to an american company who specialise in providing carers who visit the household in question.
there are also several other companies who use the term homecare in their name and they are also trademarked.
i think the problem is one that has to be looked into by a trademark specialist.
http://uktrademarkregistration.com/ this company offers a free advice service and also a free search .
how good they are i cant honestly say as i have just looked them up in an attempt to help

 

[internetspaceships]

Damned text, it doesn't show someone smiling behind the keyboard does it?

No need to be sorry at all mate

 

[prizeamonth]

:d:d:d:d:d

 

[papverpoppies]

Website

Pops ~xx~

 

[MH1]

I doubt anyone would confuse your limited company name with anyone elses.

 

[internetspaceships]

Actually if they have used Homecare for 25 years in that form there may even be grounds to reverse the tables.

 

[Spikypixie]

In a similar vien (and apologies for hijacking the thread) but I am in the process of registering a trademark (attemting to). Within a week of the application, I am getting missed calls and cryptic phone messages from abroad. I suspect a large company with a similar name is trying to put the frighteners on me. So lets's assume I am trying to register 'Zoomybus' / 'Zoomy bus' and there already exists a company using the trademark 'Zoomy car' - do they have a case? If so, that would mean they can stop anyone from using the word Zoomy (which they didn't invent) in conjunction with any other mode of transport. Seems a bit wide-ranging if you ask me?? Advice please? PS yes they have a LOT more money than me

 

[internetspaceships]

One of my trademarks was contested on the grounds that a large retail chain had registered three letters, even though they don't use them in anything and we use them every day and have done for 15 years.

Apparently we can contest this but it will take time.

 

[Spikypixie]

One of my trademarks was contested on the grounds that a large retail chain had registered three letters, even though they don't use them in anything and we use them every day and have done for 15 years.

Apparently we can contest this but it will take time.

Bum - and pots of money presumably. I am guessing that hypothetically, my best course of action would be to submit a new application for Zippybus, being sufficiently different - or would they then contest the use of the Z and the y!!??

 

[UKSBD]

Trademarking is like a game of brag.

You might be sat there holding 2 Aces but if the multi-millionaire sat opposite you is playing blind and just raised you £10k it's your move.

Always easy for people watching to say, stay in, but how many actually would if it's their own money on the line?

 

[internetspaceships]

Good point. Maybe I need to push this one a little then.

 

[Spikypixie]

I suspect the phonecalls are to see who they're up against. If they get through to a busy reception and have to wait to talk to the right person, then it may mean trouble. If I myself pick up the phone, then they know they stand a good chance of wiping their feet on me. Why else would they phone and not just put their objection to the application in writing?

 

[VeryMark]

A Centrica (British Gas) subsidiary has HOMECARE as a Community (EU) Trade Mark registered for various repair and maintenance and installation services - see here.

It always pays to check the facts ........ without a copy of the letter OP has received, I can't advise properly I'm afraid.

I have considerable experience in helping small businesses in these kinds of cases ....... I've successfully defended clients against Honda, Mercedes, Dolce & Gabbana, Tommy Hilfiger, Mars, Easy Group, and Mattel, amongst others.