Hello, welcome to the website. My name isXXXXX can assist you with this.
Do you know whether the name is XXXXX XXXXX?
Okay, that's worth checking. If it is, you wouldn't be able to use it. You can check it here: http://www.ipo.gov.uk/types/tm.htm
Also, does the company you're thinking of using the same name as, have a reputation here in the UK?
NO. No reputation here in UK. Very specific to the States.
Okay, and practically unknown in the UK then?
I would say that it would be very unlikely to be known her in UK.
Okay. Then subject to the trade mark point, I expect you should be okay. Even common law actions of passing off, for example, require you to be intending to ride on the back of the goodwill owned by another. If they're unknown here, it's difficult to see how you could be accused of doing that.
You do need to check the Trade Mark angle out though.
After that, using the domain names is likely to be okay.
Ok. Will do. Both names are XXXXX XXXXX they very similar. With regard to Trade Mark does this also apply to similar names?
Yes, it does.
OK. Many thanks.
This sets out the test as to whether there is trade mark infringement - has to be similar and relate to the same goods/services.
OK. Thank you.
You're welcome. Can I ask whether you're happy with the service today please?
Yes am happy. Am aiming at a different specialised niche so think I will be ok but will check trademark situation out.
Great. Thank you very much! If you need to ask anything more, just let me know.
Think the only other thing I need to think about is whether it will affect me being found on Google etc (ie them being found rather than myself) but guess as I get more listings, website up and running it will help.
you have given me more peace of mind though on legal side so thank you.