Trademarking a similar name?

[new234]

Hello All,

I would like some help as I am very new to all this. Me and my wife are setting up a food business. The company has been registered with companies house and bank account has been opened. I have just recently been made aware of trademark so I thought i'd have a look and i think there might be an issue.

My company for example is called "xxx ltd" trading name "xxx". i would just like to trademark the "xxx" part of the name. there is however a trademark already exists in the same class that expires in 2025 and the trademark is "xxx UK". the company that registered this trademark disolved in Sept 2021.

Can I still register the "xxx" part of the name in the same class? I really would not like to change the name but i also dont want to get sued.

Thanks

 

[fisicx]

You won't get sued. If the company dissolved last year I doubt they will complain but the trademark holder might. Company names and trademarks aren't connected. One can exist without the other.

Register xxx and see what happens. If no one objects you should be good to go. That being said, is xxx a unique word? Or is there any chance of confusion with any existing food businesses anywhere in the UK?

 

[Ray272]

Those classifications can be altered to allow for multiple similar trademarks.

I successfully defeated a fairly large audio manufacturers IP lawyers from contesting my trade mark with a few emails a lot of patience and the help of the UKIP office who were brilliant.

Your classification can be concentrated/specified beyond the classification data on the UKIP gov site.

Best of luck, worth the effort and the law firm who attempted to contest did so on the 59th day of my application. 2 days more they would jot have been able to contest. Painful but well worth it in the end, just for the experience.