Trademark Query

[MWZeart]

Can anyone please help with a TM query?

Essentially I am looking to TM two words, lets say for example it's 'Brown Bread' in a specific class, however there's a pending application for 'Browne Bread' in the same class. Am I likely to run into issues?

My TM application is for an adjective essentially whilst the other is someone's name.

Does anyone have any experience of this or come across it before?

Would it be easy to argue ordinary and
natural meaning?

 

[fisicx]

Essentially I am looking to TM two words, lets say for example it's 'Brown Bread' in a specific class, however there's a pending application for 'Browne Bread' in the same class. Am I likely to run into issues?

Almost certainly. On the IPO website is says:

When we receive your trade mark application and search our register for earlier trade marks which may be the same as or similar to your mark, we only look in classes that may contain the same or similar goods or services to those in your application.

 

[surreyaces]

Yep - they sound way too close on the face of it. Can't say for certain though as you can have goods in the same class that are not similar (for example class 9 is the correct class for both software and snowboard helmets).

 

[MWZeart]

The classification of both products is the same and would be operating in the same industry.

Let's say one is the name of a well known now deceased actor called Browne and the trademark requester is going to call the product Browne English Bread. Everything associated to the product makes it clear that it's Mr Browne the actor, it would be very hard to confuse it with anything else.

Let's also then say that my product is actually Brown English Bread. Is that an infringement to use Brown English Bread to advertise my product given that that is actually what it is?

 

[surreyaces]

That wouldn't be an infringement, no.

 

[Trademarkroom Ltd]

Hi there,

There is certianly a risk of potential issues cropping up here.

 

[Newchodge]

I don't think the origin of the name can be relevant at all. If it were relevant, and the actor were called Brown, you could have 2 identical trademarks. However the actual names you cite could not be trademarked anyway, as brown bread is generic.