- Original Poster
- #1
Hi,
I recently took over a running fast food restaurant and have tried to register its name as a trademark.
The name is a regional slang for a type of cuisine. I decided to go for the trademark as I am planning on investing quite a bit of money into developing and the business and hope to open more branches soon.
Initially the trademarks office queried the application and debated whether they would let it proceed as it was descriptive of a type of food (although slang). They then reconsidered and agreed it was not a commonly known name, and only very regionally known by this name - so allowed it to proceed and published it into the trademarks journal.
I submitted the application in 3 categories - 2 relating to ready made meals and sauces and 1 relating to a food retail outlet.
Today I received a “Notice of threatened opposition” (TM7a) - from someone who has a similar but not same trademark registered under the 2 categories which relate to ready made meals. The trademark is basically two words - the opposing trademark has the same first word, but a slightly alteration on the spelling of the second word, and has a '&' between the two words.
I am now just trying to get some advice on how to go forward with this and find out what my options are. If I had the option, I would consider withdrawing my submission from the 2 ready made meal categories and just proceed with the food outlet one - as this is what i really wanted it for anyway.
Does anyone know if it is possible to amend categories at this stage? (Of course ideally ideally I would like all 3. )
The TM7a is not a formal opposition so it is possible that it may not actually be opposed - but i feel the chances are it could be. I do not know how best to go forward with this now and so would appreciate advice.
Many thanks.
I recently took over a running fast food restaurant and have tried to register its name as a trademark.
The name is a regional slang for a type of cuisine. I decided to go for the trademark as I am planning on investing quite a bit of money into developing and the business and hope to open more branches soon.
Initially the trademarks office queried the application and debated whether they would let it proceed as it was descriptive of a type of food (although slang). They then reconsidered and agreed it was not a commonly known name, and only very regionally known by this name - so allowed it to proceed and published it into the trademarks journal.
I submitted the application in 3 categories - 2 relating to ready made meals and sauces and 1 relating to a food retail outlet.
Today I received a “Notice of threatened opposition” (TM7a) - from someone who has a similar but not same trademark registered under the 2 categories which relate to ready made meals. The trademark is basically two words - the opposing trademark has the same first word, but a slightly alteration on the spelling of the second word, and has a '&' between the two words.
I am now just trying to get some advice on how to go forward with this and find out what my options are. If I had the option, I would consider withdrawing my submission from the 2 ready made meal categories and just proceed with the food outlet one - as this is what i really wanted it for anyway.
Does anyone know if it is possible to amend categories at this stage? (Of course ideally ideally I would like all 3. )
The TM7a is not a formal opposition so it is possible that it may not actually be opposed - but i feel the chances are it could be. I do not know how best to go forward with this now and so would appreciate advice.
Many thanks.
