Trademark issues

Discussion in 'Legal' started by Nik123, Feb 6, 2018.

  1. Nik123

    Nik123 UKBF Newcomer Free Member

    1 0
    Hi everyone

    First time posting on this forum so apologies if a similar question has been asked elsewhere.

    I applied for my trademark and have received a response from the IPO. They’re happy for me to proceed with the second part of the Right Start application and pay the remaining £70 for it to be published in the journal, but they did mention another company in Germany holding the identical trademark of a four letter word in a similar class.

    I applied solely in Class 25, for clothing etc, and they have four classes including Class 18, which includes bags. They have an EU trademark.

    After speaking with the IPO, they confirmed that even though they haven’t applied to Class 25, as they have a Class that could overlap, this needed to be brought to my attention. The lady at the IPO confirmed that I could be 5 years into trading and they then raise the issue with lawyers.

    My questions are as follows:

    - Would it be unwise to follow this through under the name I initially applied under due to the above reasons?
    - Would the other company still be able to object to my trademark even if they don’t hold the trademark under Class 25 (clothing), as long as I don’t intend to cross over to their Class and sell any form of bags etc?
    - If I restarted the trademark process and add another word to the end of the current trademark, would this resolve any potential future issues?

    Apologies for the long post but hopefully I’ve covered everything

    Thanks in advance

    Posted: Feb 6, 2018 By: Nik123 Member since: Feb 6, 2018