Discussion
I've just thought of a great new name for our next years product collection.
I've registered it on the government IPO website, £220 for the 2 relevant categories.
I've registered the domains, .co.uk, .com, & .uk
Do I need to register a limited company with the name as well?
I would assume that no one else could use that name without breaching my trademark,
Am I correct?
I've registered it on the government IPO website, £220 for the 2 relevant categories.
I've registered the domains, .co.uk, .com, & .uk
Do I need to register a limited company with the name as well?
I would assume that no one else could use that name without breaching my trademark,
Am I correct?
I believe they can use it in a different sector without issue.
Sex toy company Big Rubber Cocks can't claim I'm infringing on their trade mark if I use that name to sell my novelty oversize rooster garden ornaments (next big thing for lawn flamingo enthusiasts, I'm telling you), though they may have a case if I try to sell them to people specifically for the purpose of shoving up their arse.
Sex toy company Big Rubber Cocks can't claim I'm infringing on their trade mark if I use that name to sell my novelty oversize rooster garden ornaments (next big thing for lawn flamingo enthusiasts, I'm telling you), though they may have a case if I try to sell them to people specifically for the purpose of shoving up their arse.
InitialDave said:
I believe they can use it in a different sector without issue.
Sex toy company Big Rubber Cocks can't claim I'm infringing on their trade mark if I use that name to sell my novelty oversize rooster garden ornaments (next big thing for lawn flamingo enthusiasts, I'm telling you), though they may have a case if I try to sell them to people specifically for the purpose of shoving up their arse.
Sex toy company Big Rubber Cocks can't claim I'm infringing on their trade mark if I use that name to sell my novelty oversize rooster garden ornaments (next big thing for lawn flamingo enthusiasts, I'm telling you), though they may have a case if I try to sell them to people specifically for the purpose of shoving up their arse.
Might I ask which Chambers you are currently practicing at!
(You are correct by the way)
dartissimus said:
Could someone else register a company name such as "Big Rubber Cocks Ltd"
Would they not be "Passing Off" by using my registered name?
Without giving away my prized secret name, it is a noun with an adverb and the noun doesn't have two possible meanings.
Only if they are either looking to replicate what you are doing or seeking to benefit from the goodwill of your brand. There may also be some grounds based upon reputation damage or confusion (I can't recall the correct name) to warrant legal remedy. So, if Dave Bigrubbercocks set up a cleaning company called Bigrubbercocks Cleaning Ltd, you might have a claim on the basis that as you already own the trade mark to Big Rubber Cocks, this other company may be detrimental to the market's understanding of your business.Would they not be "Passing Off" by using my registered name?
Without giving away my prized secret name, it is a noun with an adverb and the noun doesn't have two possible meanings.
Given the investment you've made thus far in protecting the name, a little extra to extend to a company name wouldn't be a bad idea. IIRC, you can't just register a company name, you do have to register a company and I assume you know the obligations that that entails.
OP,
What you have at the moment is an unregistered trade mark.Domain names aren't necessarily protection for a trade mark, and neither is a company name. To enforce your mark, you'll be looking at passing off proceedings, which won't be cheap, and may not be a slam dunk in your favour.
You will find protecting it a lot easier if you register the trade mark at the UK Intellectual Property office - https://www.gov.uk/how-to-register-a-trade-mark . This may not be cheap either, but if the mark is as valuable as you think, it'd be a worthwhile investment.
What you have at the moment is an unregistered trade mark.Domain names aren't necessarily protection for a trade mark, and neither is a company name. To enforce your mark, you'll be looking at passing off proceedings, which won't be cheap, and may not be a slam dunk in your favour.
You will find protecting it a lot easier if you register the trade mark at the UK Intellectual Property office - https://www.gov.uk/how-to-register-a-trade-mark . This may not be cheap either, but if the mark is as valuable as you think, it'd be a worthwhile investment.
Europa1 said:
OP,
You will find protecting it a lot easier if you register the trade mark at the UK Intellectual Property office - https://www.gov.uk/how-to-register-a-trade-mark . This may not be cheap either, but if the mark is as valuable as you think, it'd be a worthwhile investment.
Is that different to what the OP has said he did?You will find protecting it a lot easier if you register the trade mark at the UK Intellectual Property office - https://www.gov.uk/how-to-register-a-trade-mark . This may not be cheap either, but if the mark is as valuable as you think, it'd be a worthwhile investment.
dartissimus said:
I've registered it on the government IPO website, £220 for the 2 relevant categories.
dartissimus said:
Do I need to register a limited company with the name as well?
If you do, I assume you’ll consider the TM to be owned by the company? So don’t forget to a) assign the TM from current holder (you?) to your company, and b) record the change of ownership at the IPO.This is because the law has several disincentives for owners who don’t keep the IPO records up to date.
Be especially careful with a), as I’ve never seen a DIY IP assignment close to valid, and I’ve seen a few. A TM attorney can prepare one.
Grrbang said:
dartissimus said:
Do I need to register a limited company with the name as well?
If you do, I assume you’ll consider the TM to be owned by the company? So don’t forget to a) assign the TM from current holder (you?) to your company, and b) record the change of ownership at the IPO.This is because the law has several disincentives for owners who don’t keep the IPO records up to date.
Be especially careful with a), as I’ve never seen a DIY IP assignment close to valid, and I’ve seen a few. A TM attorney can prepare one.
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