trademarks - general information

[sam@CFM]

Hi - I'm wondering if someone could help explain to me hopefully something straightforward.

When obtaining a registered trademark, and you are the applicant and t/a your business name which also forms part of the application, is your trading name part of the trademark?

Basically, I have a tradmark, with one of my logos registered and on the IPO site it states my business name and my website and shows my logo. My problem now is that my second tradmark application which is the same in every way except my logo which also contains my business name in a stylised format has now received a notice of threatened opposition. The company who may be opposing this are based in the USA and are well-known to issue opposition to anyone even remotely linked to them.

We do not operate in the same market (they operate in the beverages market and I make children's bedding and nightwear - however, we share the same Nice class - 25) but due to their huge company wealth, I doubt that would even stop them coming up with a case against me although I feel I've a very good case for defending my trademark - I just wouldn't be able to afford to defend myself.

If anyone who has any advice or guidance for me, I'd be very grateful.

Many thanks
Sam

 

[julliawilson]

Trademark is brand name that has been officially registered.

 

[sam@CFM]

Thanks for responding JuliaWilson, but I was after a little more specific information about the nuances of trademarks rather that what a trademark is.

I think however, after some research I've found the answers to my questions anyhow.

 

[TradeMarksMadeEasy]

Does the USA company have a registered trademark in the UK or EU? Does it resemble your mark? Who registered first?

In the threatened opposition notice they should state the grounds on which it is threatened. Does this include the description of your goods/services under the same class?

It may not be worth pursuing - but if you were there first, you MAY have a chance at overcoming their opposition, but it would mean you seek a legal person to help draft the response.
Frequently these big companies will use bullying tactics to try to put people off.
As you have not included much info in your question, its difficult to give specifics.

Hope this helps.