Trademarks & Registering similar/same phrases

[LOG_420]

Hi there,

Just wanting some clarification on trademarks and the laws regarding registering a trademark that already exsists.

I am looking to trademark my business name. Lets use "Jerrys" as an example.

However, someone already has a trademark for this. They are in a very different industry. Mine is in "Automotive repairs" for example and theirs is in "Windows and Door products".

Where do I stand? Can I register a trademark using the same word if its not similar in any relation? Or not?

Thanks
L.

 

[dotcomdude]

You need to check the specific class of goods and the territory (UK) that you are trying to register in. If no-one has that word in a trademark of that class, for that territory you should be OK.

If you do get an objection which looks like it has got merit, you can always abandon the application at an early stage to avoid having costs awarded against you.

 

[Panoramix IP]

In the circumstances you describe, it is unlikely that you will receive an objection on the basis of the earlier registered trade mark. The UKIPO will not refuse your application on this basis but they will inform the earlier trade mark holder of your application. They will then have a fixed period of time to oppose your trade mark if they are concerned. Best advice is to talk to a trade mark lawyer. Happy to speak and give you some initial pointers if that would be useful.