Trademark Solicitor Letter

[samibeautique]

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...

Yes I do and I really don't think he's that scary. Just bored , with excess amount of time on his hands. I disagree with him being such a big game player! But each to their own opinion and yes I have sort out legal advice as previously mentioned. Like you mentioned before he will have to take all of us to court and presently he hasn't contacted all companies using the name in question so until he has...

 

[curlygirl]

Hi geeks

Been following this with interest

Just to clarify I'm in the process of trademarking my name, when this is complete I'm within my right to contact the Company I have found using my name and ask them to stop immediately? ( I don't want to sue them but if its mine I'd just like them to stop!)

Where do I stand on this in regards to the domain name? If its my business name?

Hope you all get sorted, it's not a nice place to be in from what I'm reading x

 

[holistikat]

What a nightmare! Im really confused by this, Iv done a trademark search on my name which is "holistics by.... and then my name" its available, but when I searched holistics on its own, it said it wasn't. Does that mean I need to change my name because it has holistics in?

What about all the busineses that are "beauty by xxxx" does that mean if say beauty by jane trademarked her name, that she no one else could be called "beauty by xxx" or even have beauty in their name?

Sure a fair % of beauty/holistics/hair businesses have beauty/holistic/hair in their name!

Im slightly worried now, do I need to change my name?

 

[Baggybear]

From what I understand Holistikat the issue here is the word Beautique is a made up word and it's trademarked so nobody can use the word beautique without the owners permission, especially in the areas they have had the word trademarked.

In thoery the word could still be used (on it's own or with another word/s) if it's in an area that is not yet trademarked - for example there could be a company called Beautique in the construction sector and if the trademark is not covering construction then there would be nothing they could do - other than buy the trademark for construction and try to enforce them to stop using the name after they have bought the trademark (but I'm not sure if that would close them down as they were set up before the trademark was bought).

The words beauty/holistics/hair are not made up words so they are not the same when used in conjunction with other words like: Hair by *** or Holistics by *** or Beauty by ***.

The problem SEEMS to be that the person with the trademark has paid for it's use in the beauty sector so it would appear that anyone wanting to use it will need the permission even if they add other words or names to differentiate themselves.

 

[BannerPenguin]

Hi geeks

Been following this with interest

Just to clarify I'm in the process of trademarking my name, when this is complete I'm within my right to contact the Company I have found using my name and ask them to stop immediately? ( I don't want to sue them but if its mine I'd just like them to stop!)

Where do I stand on this in regards to the domain name? If its my business name?

Hope you all get sorted, it's not a nice place to be in from what I'm reading x

What is the name you are trademarking out of interest?
You can send them your own letter (send it registered post) saying they are breaching your trademark and to cease trading under that name and failure to comply immediately will result in you instructing solicitors blah blah blah. Something like that

However I think there is a loophole saying they can't get in AS MUCH trouble is the trademark was registered after they started trading. I would check that out. But as far as I'm aware you can still get them to stop.

 

[Conway147]

Hi there was wondering has anyone heard anything back from solicitors as yet, as the date for reply to there letter was 9th August. ??? Thanks

 

[HAPPYHEALTHY]

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.

We agree it could bankrupt you if it went to court, not worth the worry either.

 

[pigoletto]

To anyone who feels that the big guns don't bother with "one-man-band" businesses and that they can fly under the radar, well the big boys do bother.

Have a look at this case which made national news - albeit in a different trade

No more Scooby Snax! Warner Brothers orders small Essex chip shop to change its name for breaching copyright rules | Mail Online

Get legal advice. Anyone in a similar situation may have to try for a while to get a free half hour but perseverance can pay off. Otherwise pay the legal fees because it may be the wisest £250 + VAT you've ever spent

 

[Claire83]

Hi there was wondering has anyone heard anything back from solicitors as yet, as the date for reply to there letter was 9th August. ??? Thanks

Basically I replied to the solucitors stating that I had ceased trading under the name etc and that I could not afford to pay the £300+ that they were asking for as I am only a small business.

I also politely said that it was a rather aggressive way of asking me to stop using the word and had their client politely asked before threatening action I would have happily complied.

On the 10th August I got a letter saying that the case was dismissed and although they still find listings using that name they trust I will sort these out to the best of my ability - which I already had, but they are Google listings that I can't change.

Sent from my GT-I9300 using SalonGeek mobile app

 

[happyfeet]

Well done Claire you've handled the situation very well and I'm so glad that it's been a positive outcome for you. Hugs missus x x x

Sent from my GT-I9300 using SalonGeek mobile app

 

[umvemve]

To anyone who feels that the big guns don't bother with "one-man-band" businesses and that they can fly under the radar, well the big boys do bother.

How weird I was just scrolling down to get to give that example and there was your post! Mad. We still call it scooby snax.

 

[umvemve]

Actually for anyone who is forced to cough up plus change the name could be a nice piece of local publicity.

 

[Conway147]

Basically I replied to the solucitors stating that I had ceased trading under the name etc and that I could not afford to pay the £300+ that they were asking for as I am only a small business.

I also politely said that it was a rather aggressive way of asking me to stop using the word and had their client politely asked before threatening action I would have happily complied.

On the 10th August I got a letter saying that the case was dismissed and although they still find listings using that name they trust I will sort these out to the best of my ability - which I already had, but they are Google listings that I can't change.

Sent from my GT-I9300 using SalonGeek mobile app

Hi claire, oh that's good news for you, weight off your mind, I have replied with similar letter that my solicitor wrote, stating same thing that we will do a rebranding exercise, and are not willing to pay there fee, and we have requested 90 days to change everything as we only just opened salon a few months back, I've not heard anything as yet but I did only reply on the 9th aug xx

 

[Conway147]

Hi there just posting again to see if anyone has heard back from solicitors as I sent email back on 9th August and still not heard anything ? Thanks Pamela xx

 

[Verve Designs]

Basically I replied to the solucitors stating that I had ceased trading under the name etc and that I could not afford to pay the £300+ that they were asking for as I am only a small business.

I also politely said that it was a rather aggressive way of asking me to stop using the word and had their client politely asked before threatening action I would have happily complied.

On the 10th August I got a letter saying that the case was dismissed and although they still find listings using that name they trust I will sort these out to the best of my ability - which I already had, but they are Google listings that I can't change.

Sent from my GT-I9300 using SalonGeek mobile app

I missed this! Glad to see common sense (which is what I was preaching!) prevail...

Of course people shouldnt breach copyright, but there are civilised easys of doing things. Glad to see they've protected themselves, and not been vindictive or punitive about it

Lets just take it as a warning shall we?

 

[JulieJ]

I've just read the whole of this thread with growing interest. I'm not quite ready to start my business but I have a name I definitely want to use. There are a couple of salon's showing on a google search that have the name but they are nowhere near me and after searching the registration site, no one at all has trade marked it. Would it be in my best interest to register the name in advance before somebody else does? I have no interest at all in stopping anyone else from using the name but would be very unhappy if somebody else registered it and stopped me from using it, especially if my business was up and running. Should I get on with sorting it or am a I being a bit previous?

 

[JulieJ]

anybody? please?

 

[Verve Designs]

Im not sure thats a question people can answer for you.

Thousands of businesses use names that are not trademarked and are comfortable with it, but then lots want the security of a trademarked name.

The question is- how much it will affect you down the line as opposed to the time and economic outlay of sorting it out now.

 

[JulieJ]

Im not sure thats a question people can answer for you.

Thousands of businesses use names that are not trademarked and are comfortable with it, but then lots want the security of a trademarked name.

The question is- how much it will affect you down the line as opposed to the time and economic outlay of sorting it out now.

Thanks for your reply, I am thinking that its probably worth trademarking soon, for peace of mind and future security x

 

[Jazzy Sue]

There are loads of businesses with beautique in their names and most are beauty too. Im gonna ask the guy if i may use it, see what he says, he can only say no after all