Trademark query

[darkskies]

I registered a trademark with IPO for a microdistillery project which will be selling gin in the uk. I have received a response from IPO stating that there is a company with a similar name and the public could confuse the two companies/products. The other trademark is a reversal of the name I have chosen - for example sun & moon as opposed to moon & sun. The other company is trading in asia as a restaurant and have no uk businesses/presence or products. They also do not seem to sell anything on the internet so I am confused how I could be confused with them. They have registered their trademark under numerous classes however they only seem to have a restaurant and I cannot see any products relating to class 33 alcohol. IPO sent me a link to revocation as the company registered in 2012. What do you think you think my chances are in continuing with my name or with a revocation. I can't afford the costs of a tribunal so some advice on pulling out or pursuing would be greatly appreciated

 

[Mr D]

Try a different name.
Better to avoid problems cropping up.

 

[Socio South West]

From what you say it appears you have applied to register... rather than actually completed the registration process, and IPO have come back with possible conflicts.

You rightly identify grounds on which you could resist an objection to the continued use of that name: How hard you resist is up to you, but a potential tribunal would be a little way down the road with every chance for you to agree to cease using the offending mark, and for the other party to drop their objections..... BUT.... it all wastes profit making time and eats into profit - and thats before you get to the extremely expensive tribunal stage. .

@Mr D has the best answer for an easy life and ensuring you can concentrate on what you are setting out to do without distraction from side issues.

 

[Mr D]

Its quite possible the other party has its own plans for the brand and has protected what it wants to do at the same time as what it is doing.
Just as you may spend time covering your future plans too.