Trademark guru?
Discussion
I've spent a chunk of this week trying to come up with a name for a brand/business. I thought of one but when I checked it is trademarked for the category I'd want. Actually twice, for Widget Company and The Widget Company. But Google tells me there are several businesses trading with the same names, in different areas (not connected).
Is this a case of these businesses being ignorant of/not caring about trademark rules? And would/should the TM owner not take action?
It also seems one of the TM owners is a Sir. But runs a one man band type of handyman service. The only other reference I can find to him is a local paper describing him as a carpenter, and as a Mr. Is there a list of knights to look at? I could only find foreign honorary ones. It's not really relevant but I did wonder if he's one of these types who title themselves Sir or Lord just for the jollies. Have come across one of those bellends before.
Is this a case of these businesses being ignorant of/not caring about trademark rules? And would/should the TM owner not take action?
It also seems one of the TM owners is a Sir. But runs a one man band type of handyman service. The only other reference I can find to him is a local paper describing him as a carpenter, and as a Mr. Is there a list of knights to look at? I could only find foreign honorary ones. It's not really relevant but I did wonder if he's one of these types who title themselves Sir or Lord just for the jollies. Have come across one of those bellends before.
anonymous said:
[redacted]
There are two categories this could conceivably go into, and both are taken. Yet there must be 10 businesses using the name. Having said that they're in different areas and almost certainly one man bands, so maybe it's not worth the TM holder pursuing...I suppose my underlying question is, if the TM is already being breached, what's to stop me breaching it a bit further?
anonymous said:
[redacted]
They're trading in the same category(s), that's not in question.I'm in breach of f
k all because I've not done anything yet. 
I'm just wondering what realistically is stopping me? A trademark which isn't enforced?My guess is that anything involving trademarks = lawyers = money, and that if the other guy is 300 miles away and not affecting your one man band 'brand' there's little value in pursuing it.
DSLiverpool said:
I know the rottweiler of all TM attorneys, they normally come in under £1k and will send the cease and desist letters etc - let me know if you want Robins details.
Thanks, but at the minute I'm the potential poacher, not gamekeeper. But I think you've inadvertently answered the question. If it's c.£1k to instigate proceedings then your average one man band, so long as the copycat isn't right on his patch, simply won't bother.
It can weaken the trademark holders hand if they haven't pursued other infringements.
However, if you were to become too successful, if I had the trademark I think I would then open proceedings, and in your shoes, being in blatant breach, I'm not sure I would spend any money to fight it. At which point will all your hard work have to go down the drain because you'll need to change your name.
Orrrrrrr, use the trademarked name, become successful enough to buy the trademark from them.
However, if you were to become too successful, if I had the trademark I think I would then open proceedings, and in your shoes, being in blatant breach, I'm not sure I would spend any money to fight it. At which point will all your hard work have to go down the drain because you'll need to change your name.
Orrrrrrr, use the trademarked name, become successful enough to buy the trademark from them.
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