Trademark & Business Naming

Discussion in 'Legal' started by Oli Powell, Aug 10, 2020.

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  1. Oli Powell

    Oli Powell UKBF Newcomer

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    Hello,

    We're at the very early stages of starting our small business in the drinks industry. Like many people, we had that lightbulb moment when it came to our name and bought the domains and set up the social accounts etc.

    I also ran a search on the IPO, and only two entries came back in our category, where the word is used in a slogan. It wasn't until I ran the same search through TESS where I discovered other companies with the same name. However, the entries are dead, but the companies are actively trading.

    Our name is a dictionary word, so we didn't expect it to not be used, however, we're just a bit unsure if it's worth pursuing this name. We're also expecting to hit the same problem with other names if we do change direction (unless they're truly unique), so any advice would be great.

    Thanks so much
     
    Posted: Aug 10, 2020 By: Oli Powell Member since: Aug 10, 2020
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  2. The Byre

    The Byre Full Member

    11,610 5,045
    Nobody can answer that without knowing the name and the details of the case. All IP issues are always about the details and on a forum, people are (understandably) reluctant to disclose the details and names.

    But names can work backwards, i.e. the success of a brand can give the illusion that the name choice was brilliant - when in reality, it was pretty random. Google? WTF is that? Red Bull is a drink? It hardly sounds like one. Nike? Means nothing to almost everybody. Bayrische Motoren Werke, hardly a name for a world-class brand of car and hardly a name people can even pronounce!

    Everyone agreed! Consignia was a brilliant brand name. We all know what followed - nine letters that spelled total fiasco!
     
    Posted: Aug 10, 2020 By: The Byre Member since: Aug 13, 2013
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  3. Oli Powell

    Oli Powell UKBF Newcomer

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    Thanks. I'll seek advice outside the forum then. If anyone has any recommendations before I Google an IP Lawyer, it would be much appreciated.
     
    Posted: Aug 10, 2020 By: Oli Powell Member since: Aug 10, 2020
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  4. Panoramix IP

    Panoramix IP UKBF Contributor

    137 27
    Hi Oli, I would be happy to speak with you to give you some initial pointers. I am an IP lawyer qualified to practice in the UK, EU and US. My practice involves working with a number of start up drinks companies so I can talk you through the issues some of my other clients have faced, particularly when moving into other countries. Please send me a PM if you would like to speak.

    Kind Regards

    Kevin
     
    Posted: Aug 10, 2020 By: Panoramix IP Member since: May 4, 2015
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