Trademark Advice

[montymole]

We have been working on the development of a certain product, which we were planning to launch in the summer; initially in the UK and then possibly into Europe.

However, I have just been made aware of a product in the US which is a similar designed product and more worryingly is using the name we had planned to use for our product on top of this they also state they have a patent pending on their product. From what I can see the company in the US is using ™ after the product name but not ®. Therefore I assume it is not a fully registered trademark in the US, I have searched US and UK trademark offices and cannot find any registered or pending application using the said name.

My question is; what do I do?

Would the fact that the US company is selling their named product with™ (in the USA ONLY), give them the ability to object or register an objection to our planned named product within the UK and Europe on the basis they are selling the same named product in the US?

I was thinking it would be prudent to begin trademark registration as a matter of urgency in order to protect our intellectual rights, all be it that we have not formally started selling or promoting the product. However, from my investigations it appears that this US Company is highly likely to bring their product to the UK at the end of 2010.

I am concerned that if we do not start trademark registration now, should this other product launch in the UK we will potentially get pulled into a very long and messy legal battle as to the UK and potentially European trademark issues. Also conscious that as we're not selling our product and they are, they could accuse of simply stealing their name

Worst case scenario, we could go with another name but I'd rather not!

Any advice greatly appreciated.

 

[Vending Siting Services]

As you already know that there is a US company with similar/same product it will only be a matter of time before they hit the UK shores.

I would start by protecting your name and product in the UK asap and get in touch with a patent office. Get registration for Europe first.

If you would like an introduction to our patent attorney please do not hesitate to PM me for their information and they will start the process very quickly for you.

Kind regards.

Barbara Fellowes

 

[VeryMark]

It sounds like you need a comprehensive trade mark search (similar names can infringe not just identical) with a view to filing a trade mark application asap but I can't give you a proper opinion without knowing all the facts.

If you'd like to email me using the link below, I can advise you further.

 

[SJP20]

I can recommend Very Mark he really knows his stuff and you would be wise to contact him for info. It sounds like you could have some complications and you need to be sure you are doing it right.