Trademark Solicitor Letter

[happyfeet]

Hey all

I've just received an email of all things, proposing to be from a solicitor informing me that I'm in breach of trademark for using the word Beautique. My business name is something something Beautique. Not putting full name in this forum. Anyway I've not had much of a chance to Google the solicitor etc as work phone with email just died. I'm wondering if any other Beautique's have had this same email?

I have to say I'm not concerned simply because I highly doubt any real solicitor worth his salts would email as opposed to writing in letter form, nor would they address me as my gmail account address but I will look in to this further obviously.

Any thoughts on this or fellow email recipients? X

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[BannerPenguin]

I can't see someone owning trademark on the word beautique and if they did they would forever be taking people to court.

Also your right, any official professional will send a letter to the companies registered address.

 

[happyfeet]

Well funny you should say that I've just checked trademark gov site and its been trademarked a few times. Mmmm concerning!

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[BannerPenguin]

Seems same guy has a whole EU trademark out on it and is based in London. Has 5 classes across 2 trademarks and held by CLARKE AND HARTLAND SOLICITORS cardiff. hmmmm. Had it since 1999 as well. Bet many people don't know that.

 

[happyfeet]

Turns out to be a rather famous brand.

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[BannerPenguin]

Strange that only registered the name and no logo. Clearly they haven't felt the need to enforce it.... yet.

 

[happyfeet]

If you google the name it's registered under you'll see who it is. I'm trying to get my head around it tbh!

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[happyfeet]

I wouldn't mind but I'm a small one man band home salon!

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[BannerPenguin]

It's a tough one. If you remain small you will probably fly under the radar, however at a risk. If you get bigger then there is no limit to the amount they could take you to court for. May be worth changing.

 

[Lynne Baker]

Trademark lawsuits are big boys' games. I'd change it, if it were me.
You will simply not have enough money to fight it, nor the spirit.

 

[happyfeet]

I think what sticks with me at the moment is the £300 + vat they want to bill more for the letter and the 28 days to cease using the name. As said im a small home salon, sole trader that gets all her business from the internet. obviously i will have to change the name but at a cost not only monetary but having to work again to have my business seen on the internet... new domain etc! I'm pretty hacked off to be honest and gobsmacked that they believe that someone 'could' get our businesses mixed up!

 

[BannerPenguin]

Well the problem is one of the classes it's registered under covers all types of beauty services etc. which basically means that's that. Case closed.

I would pull down everything immediately and change it and see if you receive an official letter in the post. I personally wouldn't trust a letter unless things match up to what's registered as the trademarks solicitors.

 

[happyfeet]

I have 28 days in which to cease using the name. I am going to email and call the solicitors concerned to discuss this as I do still find it quite remarkable that the solicitors would chose to email my gmail account as opposed to writing to me.

I'm gutted to be honest with you, besides recommendations all my business comes through the internet via my website. In removing my domain name/website it stops all new business coming in, until I manage to basically set up my new name and get the same first page poll position standing i have on google.

I know ignorance is no defence, however if i had chosen or knew to search the trademark website, i would have searched for my full business name, not just the name beautique. I still would have been none the wiser. They said in the letter that I could cause confusion for the consumer making them think that i was part of their big brand... which if i wasn't so peeved about, I would laugh my socks off being based in my two bed lower ground flat with my home salon actually occupying my hallway!

Thanks for the time in taking to reply Banner Penguin, really appreciate it.

Hugs xxx

 

[happyfeet]

Trademark lawsuits are big boys' games. I'd change it, if it were me.
You will simply not have enough money to fight it, nor the spirit.

Sorry lynne missed your post. I'm going to change it obviously, you're quite I certainly don't have the funds and to be honest my business spirit is at an all time low at the moment anyway, without this happening.

 

[willowrose]

Had the same thing 2 years ago but in reverse. I had trademarked a very well known saying which tbh I had always assumed was Disney property.

Anyhoo, it wasn't & I soon got a letter purporting to be from a famous VS model's lawyer asking about acquisition of said trademarked phrase.

Guess what? It was legit & I happily sold up making a tidy sum!

When naming your company you should always do a trademark search & then register. The IPO will handle the entire application & search for anyone with an interest etc for £200ish per category. Well worth it.

I know you're probably very inconvenienced - but a rebranding is often a great way to evolve.

Chin up x

 

[pinkthistle]

I would assume you having the other words in front mean they can't pursue...or offer to hyphenate somewhere. There's been a few around here over the years, normally a logo colour change or a well placed accent over a letter is enough to prove its a different brand.

 

[happyfeet]

Thanks lovey. In hindsight it is something I should have checked, but as I said I would have actually searched my whole business name, not just the word beautique. I guess I should have copped on that Beautique isn't a real word and searched that on its own. Shoulda, woulda, coulda eh.

Well I know what I'm going to be doing tomorrow now. I'm trying to find the silver lining in this, I'm normally quite good at that, but this I'm struggling with.

Onwards and upwards! And please anyone with the name Beautique get it out/off your business name/site/adverts now.

Xxx

 

[happyfeet]

I would assume you having the other words in front mean they can't pursue...or offer to hyphenate somewhere. There's been a few around here over the years, normally a logo colour change or a well placed accent over a letter is enough to prove its a different brand.

I guess that is what threw me. Google the word beautique and the are lots of businesses with that word in their name. I'm still going to discuss this with the solicitor tomorrow, and see what I can do as this charge is not something i can afford.

 

[willowrose]

I would assume you having the other words in front mean they can't pursue...or offer to hyphenate somewhere. There's been a few around here over the years, normally a logo colour change or a well placed accent over a letter is enough to prove its a different brand.

Er no. That word has been trademarked in that category. Period. Changing your logo colour or hyphenating won't do it. Being confusingly similar is grounds for action.

 

[Trinity]

I've never heard of a solicitor contacting someone by email with regard to formal legal matters, letters along that line of business would need to be sent recorded delivery/registered post to prove you had received the notification.

It's impossible to prove someone has received an email so it's not a recognised method of communication in the legal world.

I smell scam, or chancer. Keep us updated once you have chance to check it out :hug: