SBlended vs blended milkshakes (trademarks)

[AnotherUsername]

Names used as an example.

There’s a milkshake company called SBlended (sounds like splendid).

They own the trademark Sblended.

Does this prevent other companies selling and marketing a BLENDED milkshake?

Edited by AnotherUsername on Friday 8th April 11:48

[StevieBee]

Are you saying they've trade marked the name 'Blended' or should that be 'Sblended'?

If the former then it's highly unlikely.

What you can't do is launch a Milkshake that's also called Blended. But there is nothing stopping you selling a milkshake that's blended and stating this in the marketing.

In the same way a spotty 16 year old can't start an airline and call it Virgin, but there's nothing stopping him stating the fact that he's a virgin on his tinder profile.

Terrible analogy but you get the gist.

[AnotherUsername]

Edited for clarity, apologies

[StevieBee]

Mmm. Well, that's a little different and tricky.

Given that the products are the same and - I assume - targeting the same market, Sblended may well have the law on their side as Blended could be seen as passing off. Adopting a visibly different brand ID may help.

But..... it's difficult trade mark a word in the common lexicon. Blended is such a word and describes the product. But then, see above!

My educated guess is that this is one of those situations that can only be tested a court.

[AnotherUsername]

In understand the confusion.

Could they accuse one of passing off if you sold
Blended drinks (like bartenders have for 100 years)
Blended paints?

I was merely curious as to opinions as I think I’m cases like this it is an opinion.

So do they own the rights to all descriptive drinks that are called blended xxxxxxxxx
OR would splendid be a greater infringement?

[StevieBee]

Generally speaking, you trade mark a name for use in a specific context. The name has to be unique so you can't trade mark Milk or even Milkshake.

If you launched a Milkshake called Blended then Sblended may well say that you are passing off as them or that trade mark infringement exists. But you may say you are merely describing the means with which the milkshake as been created and that blended is a word in the normal lexicon.

You'd both have valid points which is why it likely it could only be tested in court.

AnotherUsername said:

Could they accuse one of passing off if you sold
Blended drinks (like bartenders have for 100 years)
Blended paints?

No.

Trade marks protect brand names.

Edited by StevieBee on Friday 8th April 16:34

[Grrbang]

To quote Section 10 of Trade Marks Act 1994:

(1)A person infringes a registered trade mark if he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered.

(2)A person infringes a registered trade mark if he uses in the course of trade a sign where because—

(a)the sign is identical with the trade mark and is used in relation to goods or services similar to those for which the trade mark is registered, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark; or

(b)the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark.

So the answer is, it depends...

[ReverendCounter]

Some rhetorical questions for you to consider:

- how deep are SBlended's pockets - can they afford to prevent you from continuing under Blended?

- how much risk are you prepared to take that they can't defend themselves at this current time?

- can you afford to defend yourself if they can take action?

- what will the impact be on your business when SBlended takes to social media to show how you are imitating and copying them?

One other alternative would be to use the collective creative energy of PH to come up with a new, non risky name for the venture. We can be quite good at this, you know!

Edited by ReverendCounter on Saturday 9th April 17:28

[AnotherUsername]

All of the above is before the question of should the trademark have been granted in the first place.

Ie, descriptive marks.

So if in registered sVacuum. Would it be enough to stop people selling a vacuum cleaner?

Probably overly simplistic I know!

[ReverendCounter]

AnotherUsername said:

So if in registered sVacuum. Would it be enough to stop people selling a vacuum cleaner?

Any business based around selling a vacuum cleaner which is branded by letter prefix, followed by the word Vacuum, would be open to a claim from sVacuum IMO - but then I'm not even a real reverend never mind a lawyer.

[StevieBee]

AnotherUsername said:

All of the above is before the question of should the trademark have been granted in the first place.

Ie, descriptive marks.

So if in registered sVacuum. Would it be enough to stop people selling a vacuum cleaner?

Probably overly simplistic I know!

The IPO will only grant a trade mark if the application conforms to requirements.

Whether or not that trade mark unfairly restricts the trade of others is a matter for the courts.

sVacuum is a different word to vacuum which is a noun describing a space devoid of matter. Vacuum Cleaner is a collective term for devices that suck up stuff. You cannot trade mark Vacuum, Cleaner or Vacuum Cleaner and nor could the owners of sVacuum stop others from using those words or terms..... unless the word Vacuum uses a logo similar or identical to sVacuum.

[DSLiverpool]

AnotherUsername said:

In understand the confusion.

Could they accuse one of passing off if you sold
Blended drinks (like bartenders have for 100 years)
Blended paints?

I was merely curious as to opinions as I think I’m cases like this it is an opinion.

So do they own the rights to all descriptive drinks that are called blended xxxxxxxxx
OR would splendid be a greater infringement?

Call it “shaking cow” blended milkshakes - that doesn’t infringe but gets the message across.

[Traffic]

Sorry to bump an old thread.

Are there any go-to Trademark people anyone can recommend that don't cost a fortune?

[MrJuice]

If you go on the gov trademark website and say you want to apply, there are details of a thirty minute free lawyer advice organisation. Get all of your questions written up and have a chat. That should suffice

[vulture1]

I'd have called it moolkshake