Name Conflict - Opinions?
Discussion
I have a limited company, let's say it's call Bob. It's a retail company, and it doesn't trade as Bob, although customers see 'Bob' on their credit card or Paypal statement when they buy from us. The company was incorporated four years ago. 'Bob' is not trademarked.
I have today learned that another company (incorporated two years ago), which is not called Bob or anything similar, has launched an online collaboration tool called Bob. Their product has no relationship whatsoever to mine, although I reckon its a bit rubbish.
I'm minded to do nowt, but was just interested to know what you'd do. Send them a letter, ignore it, get my trademark in now etc.
I have today learned that another company (incorporated two years ago), which is not called Bob or anything similar, has launched an online collaboration tool called Bob. Their product has no relationship whatsoever to mine, although I reckon its a bit rubbish.
I'm minded to do nowt, but was just interested to know what you'd do. Send them a letter, ignore it, get my trademark in now etc.
Trademarks are registered for particular classes of goods/services etc., not as a global "catch-all" protection against someone using your name. If they're not in the same business as you, they probably wouldn't be infringing your trademark anyway.
https://www.gov.uk/how-to-register-a-trade-mark/ap...
Might as well register yours to protect it for your type of business, but don't waste time and effort pursuing someone who isn't competing.
https://www.gov.uk/how-to-register-a-trade-mark/ap...
Might as well register yours to protect it for your type of business, but don't waste time and effort pursuing someone who isn't competing.
If the domain name is the same as your company name then you can complain to Nominet the UK regulator for all domains ending UK.
Given the info you have disclosed they will likely find in your favour, seize the domain name (not the website content/tool) and hand it over to you.
http://www.nominet.uk/domains/resolving-uk-domain-...
4x4Tyke said:
If the domain name is the same as your company name then you can complain to Nominet the UK regulator for all domains ending UK.
Given the info you have disclosed they will likely find in your favour, seize the domain name (not the website content/tool) and hand it over to you.
http://www.nominet.uk/domains/resolving-uk-domain-...
I have the .com, they have a .coGiven the info you have disclosed they will likely find in your favour, seize the domain name (not the website content/tool) and hand it over to you.
http://www.nominet.uk/domains/resolving-uk-domain-...
So, if you are using your domain Bob.com then it is a trademark of yours, though as others have said, they may still not be infringing that trademark... If you are not using bob.com or using bob other than in paperwork for financial transactions, it may well be considered that it is not a mark of trade... Arguably your starting to use it could (if similar field) therefore be an infringement of their trademark... For a trademark to be valid you must actively be using it as a mark of trade, it is not like a patent where you can register it and not use it... If you don't use it then a) your registration should fail, and b) if it were to succeed, it could be overturned... The test is usually whether the public would recognise it as a mark that it is you trading distinguishing you from others...
akirk said:
So, if you are using your domain Bob.com then it is a trademark of yours, though as others have said, they may still not be infringing that trademark... If you are not using bob.com or using bob other than in paperwork for financial transactions, it may well be considered that it is not a mark of trade... Arguably your starting to use it could (if similar field) therefore be an infringement of their trademark... For a trademark to be valid you must actively be using it as a mark of trade, it is not like a patent where you can register it and not use it... If you don't use it then a) your registration should fail, and b) if it were to succeed, it could be overturned... The test is usually whether the public would recognise it as a mark that it is you trading distinguishing you from others...
Thank you. I have created and registered a dozen or so trademarks in the past, and have no real reason to register this one. I do use bob.com, and have done for some time, but it's only a single page, because I don't trade that name. I was interested to know how others would view the situstionl purely form an academic point of view. As I said, I am inclined to do nothing, I merely wondered if anyone else would take a different position.
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