UK trademark registration

[Nick W UK]

If a trademark is already registered as a string of text in the format of a name followed by a strap line, could the name without the strap line be registered separately by someone else in the same class?

Any advice on this topic would be much appreciated.

 

[Scalloway]

What you can register from the gov.uk website

https://www.gov.uk/how-to-register-a-trade-mark/what-you-can-and-cant-register

 

[Nick W UK]

Trying to register a name that is already used with a strap line I suppose would probably come under the subjective rule of being 'similar'.

 

[Dean Hill]

It could be registered but the folks with the original trademark could contest it.

 

[Nick W UK]

It could be registered but the folks with the original trademark could contest it.

If I owned a trademark and someone tried to register something similar, does the registrar contact the owner of the similar trademark or does the owner need to watch the applications?

 

[Corjr]

I would register it as a domain name, if it is already registered it maybe of no use to you.

 

[Nick W UK]

I've read the following on LondonIP website: "Remember the Examiner will not reject the application on the basis of marks cited in the examination report, but if the application is allowed to proceed without the cited marks being waived the Examiner will in some instances write to the owners of the cited marks inviting them to oppose your application." Sounds like owners of similar marks are only contacted in certain situations!

Ref: londonip.co.uk / how-to-register-a-uk-trademark-on-a-shoestring1/

 

[Gecko001]

You ask a series of hypothetical questions. What is YOUR situation?

 

[surreyaces]

As Gecko says without knowing the trade marks and the businesses involved we can only speculate, however taking someone else's name and registering it as a trade mark is likely to end badly for you. Even if your application escapes their attention and becomes registered they could probably seek to cancel it at a later date.

You also need to think about the potentially more serious aspect of this situation which is trade mark infringement. By using the name you might be infringing their trade mark registration which could have significant repercussions for you.

 

[Nick W UK]

@surreyaces you are jumping to conclusions, it is NOT my intention to try to register someone else's trade mark or anything similar. However thank you for your helpful information on my other post.

@Gecko001 I'm NOT going to be discussing specifics on a public forum for obvious reasons.

I was hoping someone with experience might kindly be able to help me understand how the trademark rules typically work so that I might protect my own trademark if I either purchase an existing trademark or apply to register a new one.

 

[surreyaces]

A watch is advisable. The uk registry do operate a limited notification system but it is a bit hit and miss