Trademark Question

[MikeB1977]

Hello,
I would like to use my name on a product that I am having labeled in China.
The Chinese customs "apparently" won't let the name I want on the product because one similar already exists.

I have done a quick search on the IPO website and done as much research as possible, and the situation is as follows:

Lets assume the trademark I want to register is "Jason Products", the name "Jason" is already registered, but the phrase "Jason Products" is not.

Is their any point in me trying to register "Jason Products" if "Jason" is already registered (in the same class as I want to register)?

I note from speaking with the IPO that the word "Products" is common, so they would most likely take the word Jason as the word which identifies me. I assumed if that word was already registered it would be an automatic no?

Any advice?

 

[adamzany]

Is their any point in me trying to register "Jason Products" if "Jason" is already registered (in the same class as I want to register)?

The answer, basically, is no. As the IPO said, the word "products" is entirely non-distinctive and it adds nothing to the overall mark.

Sometimes a class can include goods or services that are not similar even though they are in the same class. For example, class 9 covers "contact lenses, spectacles and sunglasses", and it also covers "computer software", which I would regard as being totally different. So it really depends on what the other mark covers and what your products are.

Assuming the earlier mark does cover similar products, if you file a trade mark application the IPO will not refuse your application. It is up to the owner of the earlier mark to oppose your application. If they don't oppose then your mark will go through to registration. However, you should note two things:
1. If the earlier registration is a UK registration then the IPO will notify the owner. They will not do this for EU registrations.
2. Even if your mark goes through to registration the owner of the earlier mark could file for the invalidity of your trademark registration at some time in the future.

Trademarkit