Business Protection

[smooth]

Have you ever thought you have a great business name or logo and thought about registering it with intellectual property rights or whatever they're called? Well if you have and have done nothing about it I urge you to act now.

I am now opposing a person who has set up a business in the area that I work using one of my business names. I've got a great London law firm working for me and they're not cheap but well worth it. So if you haven't got £500 to spend on each letter that gets sent, register your logo/business name today!

Looks like I'll be commissioning them for something else too, oh well it's all tax deductable

 

[Claireybearyowen]

wow, thank you for this,

I am having this dilemma myself at the moment as I just don't have the spare £200 it costs to risk getting rejected !! But, reading this I think I will take the gamble as I think I do have a unique name and logo, not my current name I hasten to add, I have just changed it in the last week or so...

However, I wish you good luck in your forth coming battle and hope you keep the strength to pursue this and protect what you have worked hard for.

I am in it first thing and getting the registration under way !!

Good luck hun x :hug:

 

[smooth]

wow, thank you for this,

I am having this dilemma myself at the moment as I just don't have the spare £200 it costs to risk getting rejected !! But, reading this I think I will take the gamble as I think I do have a unique name and logo, not my current name I hasten to add, I have just changed it in the last week or so...

However, I wish you good luck in your forth coming battle and hope you keep the strength to pursue this and protect what you have worked hard for.

I am in it first thing and getting the registration under way !!

Good luck hun x :hug:

Thank you, there is a website that does a search for you and they will phone you back to see whether it is something you could register, google trade marks and their site comes up. You just fill in all the information for a free assessment, the company are a firm of solicitors and are hoping to get your business however, you will get the information you want to hear and can do the application yourself then if you want to. x

 

[Claireybearyowen]

Hey chick, Well thats it i've completed the registration.................. just the long long long wait for the response / acceptance !! :hug:

 

[Mooey]

I've just been looking on the IPO website today... Do you know the website/link for the checker? If so, could you pass it on because I've been thinking about getting protection... thanks xx

 

[Claireybearyowen]

I've just been looking on the IPO website today... Do you know the website/link for the checker? If so, could you pass it on because I've been thinking about getting protection... thanks xx

Hello....... it's on the main IPO web site me luv :

Intellectual Property Office - Trade marks - find by mark text or image there is a little form that you need to fill in first , it's a lengthy search is you do it properly but very worth it. I would search your choosen name or mark in ALL the various forms and spellings you can possibly think off, then search again a couple of times to give it a go go.

And I would definitely give them a call as the chappie I spoke to was very very helpful and talking it through can really help clarify your questions.

Good luck xx

 

[Claireybearyowen]

And, just for an update if any of you are interested....

I had a letter last week to confirm my application has been accepted and it has gone out for "opposition" ie, to make sure no one see's it as an infringement of something that may be similar or anyone that may have any objections........ this is a now a very long 3 month wait before I get the final definitive answer.

OOOOOOO I am not sure I can cope with that!!! :Love:

 

[persianista]

Buyer beware here!

I registered my name and logo for hair and beauty services and hair and beauty products.

I got a letter from them informing me that another company was attempting to register a similar name. It was a huge "your *&*" company. I took legal advice, and there was no way I would have had the money to fight it out.

Your trademark is only worth the money you can spend to defend it.

 

[Mooey]

Thanks Claireybearyowen! Good luck with your application... that IS a long time to wait but do keep us posted

Thanks for the info persianista, what a horrible thing to happen to you.. I will bear that in mind. As long as I can get my name protected in the beauty class, I'm happy

 

[persianista]

Thanks Claireybearyowen! Good luck with your application... that IS a long time to wait but do keep us posted

Thanks for the info persianista, what a horrible thing to happen to you.. I will bear that in mind. As long as I can get my name protected in the beauty class, I'm happy

If someone else infringes it, it will cost at least 5 grand to get them to stop. The trademark is only worth what money it costs to defend it.
If you register, and I start using it, you would have to commission a trademark lawyer, start proceedings, apply for an injunction, take me to court and prove it detrimentally affects your business. It costs SERIOUS money to do that. Last time I tried to get an injunction against another salon, the starting cost was £7000 (a few years ago).

 

[Claireybearyowen]

If someone else infringes it, it will cost at least 5 grand to get them to stop. The trademark is only worth what money it costs to defend it.
If you register, and I start using it, you would have to commission a trademark lawyer, start proceedings, apply for an injunction, take me to court and prove it detrimentally affects your business. It costs SERIOUS money to do that. Last time I tried to get an injunction against another salon, the starting cost was £7000 (a few years ago).

OH !!!! Not good !!!

Kinda feel a bit daft at the moment and thinking what is the point? Surely it offers some protection??

 

[Mooey]

Hmm... It does make it seem a bit pointless... There's got to be some benefits though?

 

[smooth]

The big thing is that the IPO will not accept an application if the name has already been registered and it also depends upon the class that you register under. If you only register under class one and they try to register class 3 then there is no confliction there so it would be accepted. So overall advice is register in as many classes as you can. A domain registration will prevent others from using your domain name for example.

For a free review and a bit of help you can go to :

Welcome to UK trade mark registration, your one-stop trademark registration site

Trademark Direct - Search

 

[Mooey]

The big thing is that the IPO will not accept an application if the name has already been registered and it also depends upon the class that you register under. http://www.trademarkdirect.co.uk/

Apparently not.. I spoke to them this morning and they said they will not decline an application if the name has already been registered, regardless of what class its in. They will however leave the application open to anyone who wishes to oppose the application and will only decline the application if the opposer has good reason. i.e. if the two companies could be confused with one another from a clients perspective.

I am really not sure whether to go for it or not... £200 is a lot to lose if declined! But I would like protection! If only they could take your money AFTER its been accepted

 

[smooth]

Apparently not.. I spoke to them this morning and they said they will not decline an application if the name has already been registered, regardless of what class its in. They will however leave the application open to anyone who wishes to oppose the application and will only decline the application if the opposer has good reason. i.e. if the two companies could be confused with one another from a clients perspective.

I am really not sure whether to go for it or not... £200 is a lot to lose if declined! But I would like protection! If only they could take your money AFTER its been accepted

With trade mark law it is different though, won't say too much now as there is someone on here who I don't want to see this information so I'll PM you. Anyway, you can oppose it no problem and you don't have to pay, I'll explain more later. When I spoke to them before speaking to my solicitor, they said that they won't register two of the same and you have a protection right if you register with them which prevents someone else using your name and logo etc.

 

[Claireybearyowen]

Hi Ladies,

Just stopping by to update you all......... In the post yesterday I received my trade mark cert !! Slightly excited !!

I know Persionista advised you will still need a truck load of money if you ever have to defend your mark, but I am hoping the fact that it is a registered TM would go a long way to putting someone off using it themselves?? I hope!

It was a long process but not very involved on my part, it was just waiting and being patient, and being prepared that you have to spend the money and take your chances. But I would agree and urge anyone that has something different and unusual to take the risk to save a lot of heartache in the future! I have my TM now for 10 years, and just have to renew when I get notification.

However, one word of warning...... think very carefully about the future and if you are going to add any additional services later on as you may not be able to add to the TM without applying again from the very beginning!!


So, for those if you that are interested her is a piccie of the cert !! :Kissing:

Urrmmmmmmmmmm just tilt yer head to the side ! LOL can't figure how to get it round the right way xx

 

[persianista]

Marks and spencer were not put off copying my trademark! There is also a nail company doing a complete copy of it!

 

[essentia]

I agree with Persianista, it would take a whole lotta cash to defend. An unregstered trade mark can still be defended. It is only probably worthwhile to have one if you are a large company operating on an international level. Save your money.