Trademark question

Author
Discussion

Pacman33

Original Poster:

27 posts

48 months

Friday 24th July 2020
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So I’ve got a trademark that was granted back in January.

Was googling the name and it’s came up for a similar sort of business using the term on their website

1) What’s the best way to politely ask them to take it down?

2) what do I do if they turn round and tell me they won’t take it down ? Or they claim any sort of rights to the name ?

anonymous-user

54 months

Friday 24th July 2020
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If it is a trademark breach you can send a standard cease and desist template letter

But check that it really is before you jump in. Trademarks can be quite specific things.

If there are damages to be claimed or this is a competitor abusing your trademark deliberately, it might be wise to gather all the evidence you need to make a claim before first contact

dartissimus

938 posts

174 months

Friday 24th July 2020
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Check what categories they are using, probably different to what you picked

Grrbang

728 posts

71 months

Saturday 25th July 2020
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I would also look at whether they've been using their name since before you applied for your recent trade mark. If so, they may be allowed to continue using it - that is, in the way they were previously using it.