Someone locally copy business name same us ours.

[fisicx]

I have the right to protect my business name.

Get a solicitor!

Your assumptions about your rights are a little misguided. Even a trademark will give you little protection as I could start a company with the exact same name doing a slightly different business and there is nothing you can do to stop me trading.

 

[tomyderigo]

I think you get it wrong I apply for TM before him and I have been running the same name for over 7 years and someone who changed there trading name to my business name. I have the right to protect my business name.

@Oxfolphow
I want you to understand, I feel for you. But trade mark law is not about sentiment. The 'prior' in the trade mark legislation is not about when you lodged yours and when they lodged theirs... What makes your case weak in the eye of the IP officer is the following:
Let's assume they will challenge your registration. Then, the Officer will have to make a judgment call based on what the other party submits. If they can show that you only lodged your registration AFTER they started to USE the same name, then the officer cannot do much, he/she must reject your application for TM. It will not matter that you tried to register. It was too late by then.


Should you have applied before they USED the name the case would be crystal clear infringement of your intellectual property. If I am called Bubble Joinery without applying for registration of "Bubble Joinery" I can't prevent someone else calling their business "Bubble Joinery". I can only prevent them from registering "Bubble Joinery" as a trade mark. You have missed to protect your business name when you had the chance. You have acted late. I am sorry, but from the information emerged from your responses to the comments, combined with my understanding of TM legislation:
1) the other party will be able to resist your trade mark (if they want to) and
2) you can resist theirs in the categories you applied for and

 

[Oxfolpwhov]

Even sending the cease and desist may not work. They can ignore the letter and keep trading. They can also apply for a trademark in a different group.

@Oxfolpwhov - have you spoken to a solicitor yet. Ideally needs to be one with experienced in trademark disputes.

Yes I have they well help me to stop them using the same name because it’s really close by and they could damage my reputation

 

[fisicx]

Yes I have they well help me to stop them using the same name because it’s really close by and they could damage my reputation

Read the post above. Getting a trademark won’t stop them using the name.

 

[DanteMosley]

The trademark will protect him if the competitor is doing business in the same niche and under the same name. If the core niche is different, then most likely, they can use the same name.

 

[NickGrogan]

The trademark will protect him if the competitor is doing business in the same niche and under the same name. If the core niche is different, then most likely, they can use the same name.

Not in this case, as they are already trading under that name before the trademark was applied for/issued.

The trademark might stop other businesses from copying the name in the future, but it isn't guaranteed.

 

[WaveJumper]

You said back on the 11th that you were going to speak to the "legal experts" have you, and what was the outcome?

 

[fisicx]

I suspect that @Oxfolpwhov doesnt really understand trademark or company law.

Whilst this other business may be passing off getting a trademark isn’t going to fix anything. They still have what could be a pointless and expensive legal battle ahead of them.

 

[DanteMosley]

So you wanna say that if this company used the same name before the trademark was applied, it can continue doing that stuff?

 

[NickGrogan]

So you wanna say that if this company used the same name before the trademark was applied, it can continue doing that stuff?

Exactly. A trademark can be used to try and stop people doing things in the future, it has no impact on people who are already using it.

Having a trademark isn't enough by itself, you still need to go to court and win - not guaranteed.

 

[fisicx]

And even if you win they can appeal or change their trading class or just add word to the end of the name.

Unless you are prepared to make the legal profession a lot richer trademark wars can take forever and cost huge amounts.

This one took 4 years:

Tesco to change Clubcard logo after losing Lidl legal battle

The supermarket giant has to change its yellow circle logo after a ruling it infringed Lidl's trademark.

www.bbc.co.uk

 

[DanteMosley]

That's awful. I suspected that it might be problematic to prove who started first using this name or selling this product. But, in this case, I just feel sorry for a poor guy whose name was copied. Still, I really hope that there are some regulations that can prevent them from using his name.

 

[fisicx]

That's awful.

Why is it awful?

Are you suggesting there can't be any duplication of business names anywhere in the UK?

Take a look at Companies House and see how many 'Amazon' variants exist.

Think about how many plumbers there are around the country, can there only be one 'Speedy Plumbers' in the UK?

Business name duplication is quite common and legal. Even in the same location. What you can't do however is passing off. That's will get you into trouble.

 

[DanteMosley]

You have an interesting point. I actually did look at Companies House and found a few companies that share the same name as the company I currently work for.The awful part is that it creates some sort of misunderstanding. I remember one girl who came to a job interview at the company where I worked, and she fit perfectly for the job. The only issue was that she didn't have an EU passport back then, and we couldn't sponsor a visa for her.But she checked somewhere and said that we had a license to hire her and blamed us for just wasting her time. Well, I think she confused us with another company.

 

[IanSuth]

That's awful. I suspected that it might be problematic to prove who started first using this name or selling this product. But, in this case, I just feel sorry for a poor guy whose name was copied. Still, I really hope that there are some regulations that can prevent them from using his name.

Most of the cases of people stopping using a name are because a big boy is throwing their weight around and the small person with a vaguely similar name is scared off by the likely legal costs of trying mount a defence - these are of course reported as "Mr Harrod can't run a fruit stall after Harrods sues him" but the truth is few make it to court - the likely costs stop people fighting

 

[DanteMosley]

Yeah, you are right. The costs begin with hiring a lawyer. Besides, even this doesn't guarantee that you'll be right. But in my case, I had no clue that someone had a similar name as we do.

 

[Dinky]

Most of the cases of people stopping using a name are because a big boy is throwing their weight around and the small person with a vaguely similar name is scared off by the likely legal costs of trying mount a defence - these are of course reported as "Mr Harrod can't run a fruit stall after Harrods sues him" but the truth is few make it to court - the likely costs stop people fighting

I had this when I registered my first trademark... Google of all people opposed it! The name had no relation to 'Google' itself, but one of there products. Even then, customers could hardly ever confuse my business/products with Googles as they were completely different, but this was there argument.

My business with said name has already been running a number of years by then so I didn't fancy a rebrand, but equally didn't fancy a fight with Google either, so I had to agree to their terms by reducing multiply classes to a single one.

 

[UKSBD]

Most of the cases of people stopping using a name are because a big boy is throwing their weight around and the small person with a vaguely similar name is scared off by the likely legal costs of trying mount a defence - these are of course reported as "Mr Harrod can't run a fruit stall after Harrods sues him" but the truth is few make it to court - the likely costs stop people fighting

As I've said in previous threads about trademarks or other issues invoving big corporations.

It's like a game of 3 card brag.
You might be sat there with a run, but if that multi millionaire opposite you drops £100k on the table, what are you going to do?

 

[Oxfolpwhov]

The problem with the idea the other guy his trade mark has been pre published my trade mark has been published 2 weeks a go. I have already have a lawyer who is going to deal with this.

I have emailed the iPO already.

 

[fisicx]

Just because you have a trademark doesn’t mean the other person can’t trade using the name.

That being said, has your trademark been approved? You suggested in an earlier post that it’s still going through the process. If this other person objects then the whole thing stops.

 

[Oxfolpwhov]

Just because you have a trademark doesn’t mean the other person can’t trade using the name.

That being said, has your trademark been approved? You suggested in an earlier post that it’s still going through the process. If this other person objects then the whole thing stops.

My TM has been published

 

[fisicx]

My TM has been published

Ok. So what are you expecting to happen now? You can’t stop them trading nor can you stop their trademark application.

 

[Oxfolpwhov]

Ok. So what are you expecting to happen now? You can’t stop them trading nor can you stop their trademark application.

I don’t expecting anything. What I care he sponsoring his business locally and it could damage my reputation. I Will see what is my lawyer is gone do.

 

[fisicx]

Getting a trademark doesn’t mean anything. You are focusing on the wrong thing. Your reputation is already damaged, they are taking your customers. Unless they are passing off there is nothing you can do.

 

[WaveJumper]

How you getting on with that visit to your lawyer, what have they recommended as a way forward

 

[Karimbo]

Perfectly legal for to businesses to have the same name. Look on companies house for Amazon and see how many there are.

Are they doing the same as you? If so you might have a case. If not it’s likely your trademark will be opposed.

amazon is a bad example and I would avoid that. Because amazon are a business that move into all sorts of different sectors.

If there was a florist named amazon fresh who had the trademark before amazon got into groceries. I have no doubt amazon legal team would have steamrolled the small business in the courts to get their name.

In fact a recent case of some guy who owned a business called tesla chicken and pizza got beaten in court by tesla (eleon musk co) because they wanted to get into catering in their dealerships.

Bury takeaway boss loses £12,000 in trademark row over 'Tesla Chicken & Pizza' name

A takeaway boss who wanted to call his new shop 'Tesla Chicken & Pizza' has been hit with a £12,000 bill after losing a trademark battle with…

www.burytimes.co.uk

I wouldn't sit too confortable with a trademark bearing amazon in case amazon get into the same trade. When international names are concered. The only protection is a worldside trademark, so you can get in there first, before everyone else and stop a juggernaut from registering in another territory and building notoriety.

But the provlem with that is you have to defend the trademark everywhere.