IP Law

[Seperation2022]

Hi,

I have an active business that I haven’t formally launched as I am just putting the final touches to my website.

It has been brought to my attention that the business name I am using is trademarked.

For arguments sake let’s call this business ‘techRecruit’. The trademark is for the same. Can I simply separate the two words of my business name so they are not the same as the registered IP?

Thank you.

 

[Hughj11]

Hey,

Unfortunately, just separating the words will be nowhere near different enough to distinguish the two marks.

Infringement stems from the "likelihood of confusion" between the marks. If a customer could potentially confuse your brand with the other, directly or just an associated undertaking (sub-brand or new line), then there is the possibility of infringement.

Your brand should be distinctive enough from any registered trademark (within the same or similar field). This is to avoid infringement, but it is also just good for your business if your name is distinctive and stands out.

I offer free consultations so you can private message me here if you'd like to talk a bit more about it.