Name similar to big company

[Tigris]

Hi there,

I have a word document with a few different names for a company. I have come up with one "Wallmark" (contains a surname) but I am concerned Walmart may class it as being similar? It is for an Amazon FBA business and I don't want anything to tie me down to a certain niche.

Could anyone advice as to if this should be a concern?

Thanks

 

[obscure]

If you have already identified a possible conflict then it is entirely possible that they will too. And if they don't then Hallmark probably will. Whether they would actually spend money trying to stop you using/registering the mark is another issue. If they do decide to pursue you that still doesn't mean they will win. If the branding is completely different and you trade in a different class they wouldn't have a valid claim. The issue is whether or not you want to pay money to defend this currently worthless mark or just think of something more original.

 

[Nico Albrecht]

Is it really that important to have that name in it? I would either choose a different one or simply contact their legal department and ask them. Once they get back which may take 30 - 40 days you got your answer for free. At some stage you might show up on their radar and run in trouble defending it. After all it is just a name , find something else maybe?

 

[Chris Ashdown]

Remember that Harrods took a Cafe up north to court over using a similar name and colour scheme many years ago

 

[Alan]

"Wallmark"

In your favour - as a word - it isn't trademarkable as it is two common words wall and mark. So I think if you don't use the same fonts, colours, image styles as Walmart and Hallmark, and not sell theirs or similar products, you are going to be fairly safe.

 

[Tigris]

I am thinking of having my surname Trading as the company name and then create brands underneath this as they will most likely be in different niches.

I can create a name/branding more specific to the product then.

It would be a bit strange to have Allmark Trading on something like a dog toy. Would look much better with a brand name aimed towards pets with the logo to go with.

My opinion anyway.

Thanks for the replies.

 

[Gordon - Commercial Finance]

It would be a bit strange to have Allmark Trading on something like a dog toy

It would be no less strange to have Wallmark on a dog toy...

 

[Lee Oakley]

Hi there,

I have a word document with a few different names for a company. I have come up with one "Wallmark" (contains a surname) but I am concerned Walmart may class it as being similar? It is for an Amazon FBA business and I don't want anything to tie me down to a certain niche.

Could anyone advice as to if this should be a concern?

Thanks

WALLMARK is under a registered trademark: HANNA WALLMARK
EU014220735
Class 14
Jewelry; Jewelry; Precious stones; Precious metals; Necklaces and bracelets of tin, silver, leather, gold.

Class 18
Leather and imitation leather; Animal skins; Handbags; Backpacks; Wheeled shopping bags; Bags for climbers; Bags for campers; Holdalls; Beach bags; Satchels.

Class 25
Clothing; Footwear.

 

[Tigris]

WALLMARK is under a registered trademark: HANNA WALLMARK
EU014220735
Class 14
Jewelry; Jewelry; Precious stones; Precious metals; Necklaces and bracelets of tin, silver, leather, gold.

Class 18
Leather and imitation leather; Animal skins; Handbags; Backpacks; Wheeled shopping bags; Bags for climbers; Bags for campers; Holdalls; Beach bags; Satchels.

Class 25
Clothing; Footwear.

Where did you find this?

Still going over names as I am waiting for my UTR number to come through to register as an Amazon Seller.

Came up with "6 Star Store".... maybe

Just a bit confused if to private label products with that name or create a seperate brand under it and in terms of keeping track of sales would I bundle it altogether under 6 Star Store for example or have to have different bank accounts for either brand under 6 STar Store.

 

[Lee Oakley]

Where did you find this?

Still going over names as I am waiting for my UTR number to come through to register as an Amazon Seller.

Came up with "6 Star Store".... maybe

Just a bit confused if to private label products with that name or create a seperate brand under it and in terms of keeping track of sales would I bundle it altogether under 6 Star Store for example or have to have different bank accounts for either brand under 6 STar Store.

Its public record.
you can search via trademark number (if known) or word search etc
https://www.gov.uk/search-for-trademark

 

[AdamTMA]

In your favour - as a word - it isn't trademarkable as it is two common words wall and mark. So I think if you don't use the same fonts, colours, image styles as Walmart and Hallmark, and not sell theirs or similar products, you are going to be fairly safe.

Common words are registrable as trade marks e.g. APPLE, FACEBOOK, MASTERCARD are all registered trade marks. A trade mark will be refused if the examiner considers that it describes the goods in question, or is considered to be devoid of any distinctive character.

 

[AdamTMA]

Is it really that important to have that name in it? I would either choose a different one or simply contact their legal department and ask them. Once they get back which may take 30 - 40 days you got your answer for free. At some stage you might show up on their radar and run in trouble defending it. After all it is just a name , find something else maybe?

Sensible suggestion. However, legal departments of large companies are unlikely to respond as there is no benefit for them to do so.

 

[Nico Albrecht]

Sensible suggestion. However, legal departments of large companies are unlikely to respond as there is no benefit for them to do so.

Certainly worth a try and you never now. Also probably the cheapest option to simply ask them about their legal standing.

 

[Gordon - Commercial Finance]

Certainly worth a try and you never now. Also probably the cheapest option to simply ask them about their legal standing.

Cheapest option and least time wasted though would just be to make an original name. There is no value in a brand that doesn't yet exist, so if it sounds similar to something that's out there then don't get married to it - just score it out and move on.
Make up a word. Use a location. You have plenty options.

 

[AdamTMA]

Certainly worth a try and you never now. Also probably the cheapest option to simply ask them about their legal standing.

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 the party requesting the rights. Generally, this doesn't happen too often in my experience.