Trademark Rights - Advice Please
Trademark Rights - Advice Please
Author
Discussion

Spam

Original Poster:

1,067 posts

222 months

Thursday 10th July 2008
quotequote all
Hi

First of all forgive me if I explain this poorly.

If for instance BMW own the rights to their own name can someone go and create a business called "BMW Parts"?

The same if perhaps BMW own their own name and someone creates a magazine just called BMW Magazine?

Would it be illegal to do the above?

The way I see it is you see BMW Club and that is not illegal so the above could be legal to do?

Perhaps with a disclaimer saying you are no way part of the BMW group or whatever.

Any advice would be greatly recieved.

Thanks,
Spam

P.S BMW is just an example I am using! smile

Golfman

5,638 posts

277 months

Thursday 10th July 2008
quotequote all
T M Gregory & Co
Patent agent, European patent attorney, trade mark attorney

Phone:01604 632436

Fax:01604 626128

Address:T M Gregory & Co
Carlton House
26 Billing Road
NORTHAMPTON
NN1 5AT

VEX

5,259 posts

277 months

Friday 11th July 2008
quotequote all
iirc, you apply to Companies House with the name you want to use and they either agree or decline it.

It is then down the the other companies with names close to yours to complain or give reasons for you to cease using the name.

I am not sure if Companies House write to those concerned but you can bet your arse that companies with a big brand name will protect it to the hilt.

You might get away with a disclaimer saying you are not related, you might be told to stop using it, to your cost if you have got branding etc sorted.

HTH

V.

edb49

1,652 posts

236 months

Friday 11th July 2008
quotequote all
BMW will be a trademarked term, and it will apply to cars, car parts, etc.

So calling your company "BMW Parts" will be a fast-track way to litigation. If you wanted to start a company selling beer called "BMW Beverages" then you'd be fine - BMW's trademark won't be registered for that food/drink category of use.


Usual disclaimer applies.