Hi all,
I registered my trademark and company name with the trademark office about nine years ago in relation to hair products and hair and beauty services.
I got a letter from them on friday to say that another company (a huge multinational chain) is attempting to register a similar mark in relation to hair products
I have emailed some trademark lawyers re-objecting, but this would be a David/ Goliath battle. I cant really afford to take on a huge legal battle.
I have no idea what I should do

oh god!sorry to hear that hun!!
Surely the whole point of registering a trademark is that your protected from this sort of thing happening?? Maybe you need to seek some sort of legal advice about it all?

They must have done a trademark search before they started (I would have thought) The problem is that it costs money to object and tackle the infringement. Huge companies just bully little ones by dragging out legal cases until the money runs out.
If I dont object, further down the road they could tackle me for infringing THIER trademark

Hmmm tricky one!
Have you had any correspondence with the other company?
Are they aware of your trademark registration?
What have the lawyers said?
Could you not enter a coexistence agreement with the other company so at least that way there would be some boundaries.

Spoke to a trademark attorney today. While he agrees that I have a case, he advised against objecting unless I have serious money to play with.
He said the best outcome I would get is an undertaking not to poach my salon business! (I dont think the biggest clothing, food and homeware retailing giant in this country is gonna open a salon in Chislehurst somehow).
So basically unless you are rich, and have a rottweiler legal dept, a trademark (legally registered and paid for) is worth diddly squat. Great.

As i understand it, they only have to change one letter to make it slightly different and there is nothing you can do!

I looked into registering my trading name but decided it just wasn't worth it.

i thought once you had a trademark you were covered isnt that the point of doing it.. obviously not...

I too have looked into this and your right unless your donald trump its not worth the paper its written on.

You'd think with the amount it costs to get trademarks that that money would be used to hold tribunals but it isnt - its just another way the government makes money.

Perhaps use this as an opportunity for a revamp of your logo/name and fresh launch. After all they are 9 years behind you! You'd think they would - with there money come up with something fresh and new themselves - obviously don't have any imagination!

Same as patents - I have a patent attorny and he has pulled apart a few patents people thought were water tight - Basically by the time they have took you to court and appealed the time would be expired.

Its all silly things we do to 'protect' ourselves when really we may as well just keep our money to ourselves.

Kate

Am just cross because it was MY IDEA and I went to the bother of legally "protecting" it.
However it is always wise to be carefull who you pick a fight with in this life. Hopefully everyone will see the products, and my salons will pop into their minds!
Other little salons have popped up around the country (and on here!) that have unwittingly used my trademark, and as long as it doesnt affect me, I let it go.
If another salon opened nearby believe me I would jump on them.

I am curious now as to your name??

Well be proud your the leader not the follower. I would be seething too. But then like many product launches they come and go. Bit of voodoo and they may falter before the first hurdle lol!

if you have a similar trademark name to theres you and its in the same catagory ie class 3 and you regestered it 9 years earlier than there application then you are undoubledly in a very strong position legally
have you considered contacting the company and offering to sell them your mark rather than getting into a huge legal battle they are not to know you dont want to take them on in court on an objection and you could make some serious money!!

Oh my god im so sorry to hear that. That is rediculous though a trade mark should be a trade mark so they shouldn't be able to do that! Thats really annoying and your right it is always the ones that have got money that just bully the smaller businesses and it's damn right unfair. Hope you can work something out and not get too stressed about it

Ok, I "own" the name "Indigo" in relation to hair and beauty services (class 44) and hair and beauty product (class 03) Your *&* has launched a collection of products using my trademarked name.
Launching a product range then retrospectively trademarking is pretty aggressive in itself I think. They clearly don't give a toss if anyone objects.

I thought their Indigo range was for casual wear and not hair products.
So are they introducing a hair product range with the same name as the casualwear?

Yes they are trademarking class 03