Trademark Infringement

[EmilyPS]

Hi everyone,

I recently launched a new product and registered the trademark for the name. I used the right start service where they check the application first and no issues were raised. The trademark is a made up word and there are no trademarks registered with this exact wording.

Today I received a letter via email from a company claiming infringement, on the grounds that it is ‘confusingly similar’. I’m honestly not sure what to do next, I don’t feel that we have the same target market, although there is category crossover, my product is aimed at a completely different market, and the word that they have trademarked is commonly used to describe a generic item. It is also just a word in the English language, not just their company name.

To give an example, my trademark is for Eggnogg, their trademark is nogg, should I contest this or just accept it and move on? The loss isn’t huge, but I’m not one for rolling over without making sure I have no choice first! I do not have unlimited funds, and am checking my business insurance for legal cover.

Thank you in advance, Emily

 

[Panoramix IP]

Hi Emily, it’s not really possible to advise without the full facts but in essence if you are selling products in the same classes as the person alleging infringement and the goods are similar then they may well have a case. I’m an IP lawyer and would be happy to discuss with you at no initial cost if that would be helpful. Please PM me if you would like to set a call up.

 

[2020Lawyer2020]

I agree with KH above. When I settle these things very often the other person with the registered trade mark will reach agreement eg they may allow your trade mark to continue if you agree to remove or amend a product or class. I think you imply you have the full trade mark granted and a certificate or may be you are just at the publication stage?

 

[The Byre]

1. Has the TM been granted or was this email an objection to the registration?

2. How big is the objector and do they do IP stuff often?

3. Get all the facts together inc. researching the other company and then take Kevin up on his offer!