Trademark help!!

[Recipeasy]

I'm currently launching a brand, which is being run through my exisiting business (in a completley different market). I've created a name - let's says HOUSE FUN - obtained the .co.uk domain and got all the social handles for HOUSE FUN.

However, I've just discovered that there's a company with a registered trademark for HOUSEFUN, which they use on some of their products. Whilst the products are similar, they are used within a different market.

Where do I stand legally? Am I able to still proceed using the HOUSE FUN name? I can see from the register on the Intellectual Property Office website that the trademark is registered with two particular classes. Will I remain legally OK, if I don't operate within those classe?

Any help will be much appreciated.

 

[Hughj11]

Hey there,

So without actually knowing the specific goods and services and the details of the business, it's impossible to give any advice (not that this is legal advice).

Generally speaking, a trademark offers protections for only the goods and services listed in those specific classes for which it is registered. That being said, if the goods and services are in different classes, but there is an overlap, they could still be considered similar (again this depends entirely on the specific goods and services).

The likelihood of confusion is the metric to see if there is any infringement, and this takes into consideration the relevant public, the location/market where these goods or services may be purchased, and if the goods and services may be considered complementary/similar.

For example, medicine and medical services are in completely different classes, but since they are complementary, they would likely be considered similar.

It's also worth noting that the similarity of any two marks takes into consideration the mark itself, so the marks are visually, conceptually, and aurally identical. This will likely increase the chances of confusion.

Lastly, the marks do not need to be identical to be confusing. Depending on the specific words, features or arrangements, other marks could be considered confusing, including "HOUSE OF FUN", or "FUN HOUSES", and even figurative descriptions through logos where the words are the most prominent feature.

I hope this has been helpful!

 

[Paul Kelly ICHYB]

The only way to protect yourself is to register in the category you want to use, to make a clear definition of who is doing what.

The other company might still object, which has its own set of issues and actions.

 

[Recipeasy]

The only way to protect yourself is to register in the category you want to use, to make a clear definition of who is doing what.

The other company might still object, which has its own set of issues and actions.

Thanks Paul.

I'm not particularly bothered about trademarking the name FUN HOUSE - I just don't want to break the law by jusing it.

Looking into the classes, it actually looks like our products are in the sames classes, although their applications are different, i.e. one is used in the construction industry and the other in the automotive industry.

Does it make any difference that they are just using the name, where as ours is part of a brand logo?

 

[Gyumri]

There can be "Penguine" registered as a mark for, Books, Biscuits and Shoes and Penguine.Co.uk. As long as each entity is trading in different goods then there wouldn't be any infringement unless the mark is so famous like Harrods when that poor Mr Harrod in Australia couldnt even open a hardware shop in his own name as Harrods. He only had a few locals and kangaroos as customers but had to shut his shop and open under a different name.

 

[fisicx]

Is the other Fun House likely to complain? If so can you afford to contest in court?

Doesn’t matter what we suggest here, if lawyers get involved it can get expensive.

Call them on the phone and ask them.