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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I am preparing to launch a new business to business magazine

Resolved Question:

I am preparing to launch a new business to business magazine in the UK (covering UK and some EU issues). The name I have settled on is identical to that of a publication in the US that covers almost identical areas that I wish to cover but its coverage is restricted to the western US.

Can I go ahead with the planned name without encountering any legal difficulties (my domain name is XXXXX XXXXX that of the US publication).
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
Hello, my name isXXXXX you for your question.

Do you know whether the name is XXXXX XXXXX trademark?

Tony
Customer: replied 3 years ago.

I don't know - how can I find out?

Expert:  tdlawyer replied 3 years ago.
You can look at the IPO website here and do searchL http://www.ipo.gov.uk

If the name is XXXXX XXXXX obviously you can't use it.

If not then you need to consider issues of passing off, where the use of an established name itself is unacceptable. Normally, however, the name must automatically be established with the name concerned, which itself must have an established reputation in the area you intend to use it. So if its not a recognised name here in the UK then you should be okay.

You can get a full article on passing off here:http://www.companylawclub.co.uk/topics/passing_off.shtml

Hope this is useful?

Tony
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Customer: replied 3 years ago.

The IPO search on the name found "no trade marks matching you search criteria". Can I assume that is final and no further checks should be necessary?

Expert:  tdlawyer replied 3 years ago.
Yes, all trademarks need to be there and registered.

Tony