How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have formed and registered a company with companies house

Resolved Question:

I have formed and registered a company with companies house (company number(###) ###-#### ***** broadcast as a radio station. The relevant PPL and PRS licences are in place and we (the company) are in the process of applying for a Digital Broadcast licence from Ofcom.
I have found that there is an old company that used to use a similar name but is no longer broadcasting using that name and they have their name registered as intellectual property.
I am trading as Broadland Radio and the company that used to broadcast was Radio Broadland http://www.ipo.gov.uk/tmcase/Results/1/UK00002504521
My logo is nothing like theirs used to be and I am not claiming to be them or trying to emulate them in any way.
Am I within my rights to keep trading as Broadland Radio and will I be able to register my company logo as my intellectual property?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know when they ceased trading?

Customer:

The company was bought out by Heart fm (part of the Global group who would appear to have the Radio Broadland name as intellectual property as per the link http://www.ipo.gov.uk/tmcase/Results/1/UK00002504521

Customer:

Quick research shows - Heart Norwich (formerly Radio Broadland) was an Independent Local Radio station for Norfolk and North Suffolk, including Norwich, Great Yarmouth and Lowestoft, until early 2009. The station, now part of the national Heart Network, is owned and operated by Global Radio.

Alex Watts :

Ah ok - so really Heart now own the IP if they purchased the company?

Customer:

Looking that way and it's still registered with them.

Alex Watts :

Sadly I think that is the case.

Alex Watts :

They purchased the company and all its assets

Alex Watts :

This means that they own the IP and the copyright even if in the name of a company they dont use

Customer:

But we are not using the same name as it is the

Alex Watts :

It may be that they just havent got round to changing it at the patent office

Alex Watts :

Yes I know that.

Alex Watts :

There is nothing stopping you registering your own trademark in this area

Alex Watts :

They can of course object to the classification but if they do not then it can be registered to you

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So you would suggest registering the TM sooner rather than later? And if they object do I get to state my case against any objection?

Alex Watts :

Yes indeed.

Alex Watts :

Then yes if there is an objection you can state your case

Alex Watts :

Does that help?

Customer:

Many thanks - You have been brilliant... That helps me a lot.

Would it be rude of me to sneak a quick last part in as I am unsure of the process. If I register it now are they informed that I have registered it or do they have to check out registrations made in this field? Not sure how it all works as never done this before.

Alex Watts :

Yes, it is quite specialist area, so if it is rejected you may need to see a specialist Solicitor in the area

Alex Watts :

This website is for general advice, rather than very detailed and specific advice in detailed areas of law

Customer:

I know... I was kind of pushing my luck with that last one...

Customer:

Many thanks

Customer:

You have been brilliant

Alex Watts :

Happy to help. Can I clarify anything else for you?

Customer:

That's it for now thank you.

Customer:

Best wishes - Martin

Ash and other Law Specialists are ready to help you