Trade mark for Common words

[Sarah K]

Hi,
I am a garment decorator.On eBay I was selling T-shirt with in house created word with unique design as Mummy Since 2005, 2008 and so on. I made all Mummy since (birth year).
Unfortunately my listing has been removed as copyright issue. I have checked gov uk Trade mark. Indeed Mummy since (birth year) is registered.

My question is as the trademark was registered as word only? Can I still make my own figurative with Mummy since ? As it seems common word which everyone should be able to use it?

Or Can I register my Mummy since birth year logo?

Birth year Words . Does it protect all Birthday years if you write birth year in trade mark

Please advise

I really appreciate your help.

Many thankd

 

[ethical PR]

Hi Sarah.

I wouldn't have thought you could.

Have you had a look at the IPO site. If not, that is a good starting point.

 

[surreyaces]

Hi - it is not advisable to use and/or apply to register a logo version of a registered trade mark that belongs to someone else. I would expect that doing either of these things would land you in trouble.

I'm not sure how strong this companies protection for its trade mark really is, since as you say its pretty generic wording. However, they've cottoned on to what you are doing and they do have a trade mark registration so it may be in your best interests to pick different wording to use on your products as oppose to trying to fight this.

Can you think of a different way of wording it?

 

[BNBusinessProtection]

I'd have a look to see if this company that have removed your products are actually using the mark themselves. If so, and you still want to use the mark, speak to them about a potential licensing deal. If not, you may have grounds to have the mark revoked for non-use. I've had a quick scan and there seems to be a few companies using it so the company may look to the license the mark. You can then incorporate your own designs using the mark.

 

[BNBusinessProtection]

You could look to challenge the validity of the mark at the UKIPO but could turn out very costly!

 

[surreyaces]

The registration in question is not yet old enough to be challenged on the basis of non-use.

 

[BNBusinessProtection]

Yep. Sorry I was speaking in general terms. Without looking back I think the mark was registered May 14 so would have a year before challenging the non-use aspect.

 

[TODonnell]

Not an expert, but, I would guess:

You can't trademark the word 'Mummy' alone; it's too generic. But you could trademark 'Mummy Since 2014', within a particular IPO category.

If someone has gone to the trouble of getting your stuff booted from eBay then you might be better off coming up with a different phrase, as they might 'hunt you down' if you try again, which would waste your time and money.

Maybe go with '[a *symbol/pic of motherhood] Since 2014'? (*The word 'Mum' in a heart?) I wonder would that get by the registrar?

 

[Sarah K]

Many Thanks for all your great advice. I really appreciate it. I am learning from al of guys. Let me re think about all .