Potential Trademark Infringement?

[someidea]

Hi,

I would like to start a business that shares a similar name to competitors in the same sector.

Competitors have trademark protected names such as All Wash, Just Wash and We Wash. The name I would like to use is Better Wash. Should I worry about trademark infringement or are these names generic enough to be able to use a similar name?

Thank you.

 

[fisicx]

Are the others all trademarked?

 

[someidea]

Are the others all trademarked?

I'm using the WASH names as examples but yes the other variations to my potential name are trademarked and in the same sector

 

[fisicx]

Then if there could be a chance of confusion the application could be rejected. But you won’t know until you try.

 

[cjd]

Think of a new name. If they've gone to the bother of trademarking those names, they'll want to protect them (and will probably have an IP lawyer ready and waiting.)

If you go ahead you'll have the cost of rebranding - you won't want to fight them.

 

[japancool]

Are you sure the names are trademarked, or do you mean they are just registered as company names?

 

[Porky]

If there is a registered trademark and you are operating similar business in same class, forget it. And if the company is a major company with lots of capital behind them don’t even go there.
It can cost you tens of thousands in legal fees to defend if they come for you. Go for a different name it’s not worth it.

 

[someidea]

Are you sure the names are trademarked, or do you mean they are just registered as company names?

Yes they're trademarked by different companies.

My thought was that if several variations are already trademarked by different companies then other variations should be allowed. But perhaps not.

 

[someidea]

If there is a registered trademark and you are operating similar business in same class, forget it. And if the company is a major company with lots of capital behind them don’t even go there.
It can cost you tens of thousands in legal fees to defend if they come for you. Go for a different name it’s not worth it.

My thought was that as these variations are trademarked by different companies then there would be space for another variation to be used / trademarked by me. But perhaps I'm wrong. Totally agree about the risk and pain and I have another name in my back pocket.

 

[Porky]

I can only share from my experience, if you are operating in a different class with a variation in principle you would think well it’s not the same business / not exactly the same so I should be ok.

However, big brands think differently, if they have gone to the trouble of registering the mark, they will likely have legal teams to protect the mark.

In my situation, just like what you suggest there were others, I thought I can’t see this being an issue. How wrong I was, I got a Cease and desist notice issued, I had to pay a solicitor to defend but they were having none of it, threat of court action and even though I had a very high chance of winning, not exactly same/ class etc it was likely going to cost me £20k to find out, they could crush me with their cash fire power and whilst I would get costs back on a win, they could appeal at more cost, in the end wasn’t worth the hassle, I rebranded.

My opinion for what it’s worth is don’t bother, you could well be ok, but not worth it if you are not and the more successful you become the more they are likely to notice.

Good luck

 

[someidea]

I can only share from my experience, if you are operating in a different class with a variation in principle you would think well it’s not the same business / not exactly the same so I should be ok.

However, big brands think differently, if they have gone to the trouble of registering the mark, they will likely have legal teams to protect the mark.

In my situation, just like what you suggest there were others, I thought I can’t see this being an issue. How wrong I was, I got a Cease and desist notice issued, I had to pay a solicitor to defend but they were having none of it, threat of court action and even though I had a very high chance of winning, not exactly same/ class etc it was likely going to cost me £20k to find out, they could crush me with their cash fire power and whilst I would get costs back on a win, they could appeal at more cost, in the end wasn’t worth the hassle, I rebranded.

My opinion for what it’s worth is don’t bother, you could well be ok, but not worth it if you are not and the more successful you become the more they are likely to notice.

Good luck

Thanks, this is helpful to read. Solid advice!