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Anyone a Trademarking expert?

I've put in a couple of trademark applications recently for 2 separate businesses & have had replies from the IPO but not worded very clearly. One states that my business name is similar to a term that has already been trademarked (I was aware of this but had been told that the only way to see if the name was trademark-able was to submit the application). I know the business who has the other trademark which is for a part of their business they no longer operate so I think they may not want to oppose my trademark. The letter says that I could have their costs awarded against me if they do oppose it but I thought they were advised to ask me to withdraw my application first before paying to oppose it (http://www.ipo.gov.uk/pro-types/pro-tm/pro-t-object/pro-t-oppose-apply.htm) in which case it's worth me continuing with my application but withdrawing if they decide to contact me.

The other application isn't considered to be a brand name & they've cited instances of the term being used elsewhere - but the examples they have given have all been of my use of the term! Also they have said that common words combined together don;t necessarily make a brand but I've looked at other successful trademarks which do just this & can't see the problem. Happy to share the responses in full if there's someone who can help me decode them!

Em

Comments

  • colino
    colino Posts: 5,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Have a search for your local Patent Attorneys. Murgitroyds are great, but don't know if there is one local to you as you need definitive, worthwhile guidance.
    The reply you have, instead of, "not worded very clearly" is exactly the opposite. It will be worded exactly to steer a passage through the minefield of legalise that covers patents, copyrights and trade marks without setting any kind of precedent.
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