BannerPenguin
Well-Known Member
Just my 2p worth but even if people haven't received anything you should still change it. Could catch up with you at some point and cost you a lot more.
Just my opinion of course
Just my opinion of course
Trademark Solicitor Letter
- Thread starter happyfeet
- Start date
Help Support SalonGeek:
Hi there happy feet how did you get on with 300 + vat they are asking for, and did you say you are based at home, only curious as I have also recieved this email and have been to see a solicitor but want to know what everyone else has done.
samibeautique
Member
Hi everyone, new to salon geek. Have been ringing around as many salons I can today that have the word beautique in their company name and have found a few more ladies that seem to be in the same boat as us. I too own a salon with the word beautique in the name and have received an email and a letter but as of yet have not responded as I would like in invertigate further first to see if we really have a case. I am confused as to whether or not we can own our own trademarks for our logos under class 44 (salon services) not Class 42 (computer software and scientific services) and still infringe on the said parties rights to their trademarks? especially if they are an internet based company and we are salon based. and cant see how we can be confused unless we sell products on our own websites. if anyone else has received the same letter please contact me as the more info we can obtain as a team may help us resolve this amicably together.
BannerPenguin
Well-Known Member
They have it registered under the class to cover all beauty products and services so I would say don't fight it.
BannerPenguin
Well-Known Member
Although its class 42 it's under a sub-class that covers all of this which I am pretty sure is everyone here.
Provision of beauty, perfumery, hairdressing, make-up and skin treatment services, all provided at counters, salons and advisory centres; advisory services relating to all the aforesaid; beauticians' services; arranging and providing facilities for beauty, perfumery, hairdressing, make-up and skin treatment demonstrations and exhibitions; design services, all relating to retail stores, perfumeries, beauty salons, beauty counters and beauty advisory centres; design of packaging of products and of publicity materials; research, development, laboratory and technical support services, all relating to perfumes, cosmetics, make-up and skin treatment products.
Provision of beauty, perfumery, hairdressing, make-up and skin treatment services, all provided at counters, salons and advisory centres; advisory services relating to all the aforesaid; beauticians' services; arranging and providing facilities for beauty, perfumery, hairdressing, make-up and skin treatment demonstrations and exhibitions; design services, all relating to retail stores, perfumeries, beauty salons, beauty counters and beauty advisory centres; design of packaging of products and of publicity materials; research, development, laboratory and technical support services, all relating to perfumes, cosmetics, make-up and skin treatment products.
dandelionpoppy
Well-Known Member
I don't know anything about the legal side.
I do think it's never wise to part with money requested by e-mail or letter, unless you can totally verify the sender is who they say they are.
Scammers are ever-more credible and it's SO easy to be taken in.
I actually hope very much that it IS a scam; I feel so sorry for fellow Geeks who are in this situation if it's true.
I do think it's never wise to part with money requested by e-mail or letter, unless you can totally verify the sender is who they say they are.
Scammers are ever-more credible and it's SO easy to be taken in.
I actually hope very much that it IS a scam; I feel so sorry for fellow Geeks who are in this situation if it's true.
samibeautique
Member
Thank you for clarifying that banner penguin. I have been asking countless people this over the last week this very same question and not getting anywhere (including people who work in trademarking). If the case had been otherwise we might of been able to fight our cause but now I think not, that's made my mind up to respond by changing our name to something very much unique but I am not paying his legal fee's as £300+VAT is a ridiculous amount of money and I think if I put a formal complaint in to the law association and ask for a complete break down of the cost of the letters and emails that have been sent in bulk I think they will agree to disagree and drop it. Really who would take hundreds of business's to court for not paying £300 for a letter. Plus I don't like the fact the solicitors addressed the letter Dear Sirs. Obviously not much homework went into the composition of the letters or emails. I suggest we all do the same and follow suit.
BannerPenguin
Well-Known Member
I have to agree and disagree. It's difficult one. Ever wondered why some solicitors charge XY and others XYZ? Simply because they can. It is up to the person offending the trademark to cover the legal costs and they will be ruthless in doing so, even to the point of maybe taking you to court and then you having court fees on top. I am not saying don't fight it just be aware of the implications. It could be the person who holds the trade mark or the solicitors working off there own back which in both ways they are lawful to do as you are infringing there clients trade mark and the contract will be with the client that the client doesn't pay for it to be protected, or a set fee and the offenders pay the legal costs. I would just be wary of what you do as these are big companies with millions of pounds and weight to throw around.
Also don't be offended. Most official bodies will address a company with dear sirs at it tends to be the most formal way to approach a board of directors.
willowrose
Well-Known Member
Perhaps you already have & just haven't mentioned it - in which case ignore me
But I really think it would be wise to consult with a solicitor before you respond to the letter in any way. Most have a free half hour consultation policy & you will then know firmly where you stand.
This isn't a scenario where you will all rise up & fight together. It isn't going to play out like that & I think you have to be a bit more realistic about your options.
Good luck x
Lynne Baker
Lynne The Skin!
It's pretty much standard for a partner in a law firm to charge that.
Mine charged me £225 plus VAT, and that was for a provincial solicitor.
Take professional legal advice. Now.
Believe me when I say that the courts really, REALLY, take a dim view of people who just think they can wing it.
I was taken to court last year by a mad woman. She took no legal advice whatsoever.
The judge, throughout the hearing, kept taking off his spectacles, looking wearily at the mad woman, saying, Miss X you really should have taken professional legal advice.
She lost.
And if you think that they won't bother taking you to court for 300 notes; think again. It's no skin off their nose, and you will find yourself paying their costs too.
As I said back up there ^^^^
This is a big boys' game. They will chew you up and spit you out.
Get legal advice. Now.
Lynne Baker
Lynne The Skin!
And one more thing. They WILL come after each and every salon who has this name because otherwise it sets a precedent.
charb
Well-Known Member
Hi There
Just read your posts about the TM of "Beautique" , wanted to let you know that I too have had the same bother. I have received a letter via post also. And have spoken to the solicitor. What have you done about it? Such a nightmare! Been open a year and now having to find costs for everything will be £1000 + easy!
Much love
Clarexxx
Just read your posts about the TM of "Beautique" , wanted to let you know that I too have had the same bother. I have received a letter via post also. And have spoken to the solicitor. What have you done about it? Such a nightmare! Been open a year and now having to find costs for everything will be £1000 + easy!
Much love
Clarexxx
Have pm you Clare x
BannerPenguin
Well-Known Member
In my opinion all you can do is pay the fee (enter a payment plan if need be) and change your name IMMEDIATELY!
samibeautique
Member
Thank you every one for your advice. But after taking legal advice prior to my comments above from several solicitors/para legals and intellectual property Riggs lawyers this is something I feel I don't have to pay £300+VAT for his legal fees as most have said that only a court can issue a demand for this sort of payment. Not a clients solicitors directly. Also that these fees are above average for the amount of work they have put in and that I have every right to put a formal complaint in to the law society about the charges if they are unwilling to drop them or waiver them entirely especially If the said client had other means of contacting salons without the need for solicitors and legal intervention then this route should be sort out first. As clearly outlined on the IPO website. If the person who had the trademark found that people were infringing on his/her trademark then the first point of contact shouldn't be a letter from a solicitor. (Especially sent by email and second class stamps, the fact neither are recorded means I may have not received the letter) A letter from themselves or simply a phone call that costs penny's would of been acceptable.
Lynne Baker
Lynne The Skin!
Have you actually engaged a solicitor to work on your behalf?
You do know who owns the trademark, don't you? It's not someone I'd be comfortable winging it over...
You do know who owns the trademark, don't you? It's not someone I'd be comfortable winging it over...
samibeautique
Member
Regardless of whether or not he's right or wrong in what's he's doing, there are loop holes and if solicitors can find them and hundreds of salons oppose especially then we may just have the financially backing we need united to fight this case.
There are many other cases where big businesses have lost in cases like these where the small business has been right. I'm not saying we are right at this moment in time, but I'm not saying we're all wrong either.
We work in different sectors so I can't see why an agreement of some sort can't be arranged rather than penalising small businesses in today's economy. And before I get comments back about naivety and lack of business acumen into investigating trademarks when starting a new business then please understand that most of the businesses being targeted by all of this are 1-2 person salons who work in tiny community's that would never intentionally infringe or set out to be associated or confused with The said Empire that is.
Most of us are just trying to make a living and check that no one in our areas have the same name and think we are safe, especially when most of us have something added into the name to make it different. The fact that 'Beatique' is just a sideline to 'The Urban Retreat' would not raise alarm bells in most people's minds. And that when you do do IPO searches on our names they are able to be trademarked so how on earth would we know differently.
Just saying.
It will be a lesson learned for us all. There are more important things in life than a name and I am quite happy to relinquish 'The Beautique' if I have to. And the fact that I should have to now trademark my new name and logo for future protection from what I see as bully's in this case (not all cases) is just a perfect example is wrong with today's society.
There are many other cases where big businesses have lost in cases like these where the small business has been right. I'm not saying we are right at this moment in time, but I'm not saying we're all wrong either.
We work in different sectors so I can't see why an agreement of some sort can't be arranged rather than penalising small businesses in today's economy. And before I get comments back about naivety and lack of business acumen into investigating trademarks when starting a new business then please understand that most of the businesses being targeted by all of this are 1-2 person salons who work in tiny community's that would never intentionally infringe or set out to be associated or confused with The said Empire that is.
Most of us are just trying to make a living and check that no one in our areas have the same name and think we are safe, especially when most of us have something added into the name to make it different. The fact that 'Beatique' is just a sideline to 'The Urban Retreat' would not raise alarm bells in most people's minds. And that when you do do IPO searches on our names they are able to be trademarked so how on earth would we know differently.
Just saying.
It will be a lesson learned for us all. There are more important things in life than a name and I am quite happy to relinquish 'The Beautique' if I have to. And the fact that I should have to now trademark my new name and logo for future protection from what I see as bully's in this case (not all cases) is just a perfect example is wrong with today's society.
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