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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3695
Experience:  Solicitors 2 years plus PQE
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I own the trade mark companyname.i have been trading

Resolved Question:

I own the trade mark for my companyname.i have been trading for about 4 years under the name, trade marked for approx 1 year and ltd co for approx 1 year.
I have had another company approach me with the same name asking me how long ive been trading and form contact details.
My research shows They have been trading for 5 years but when I first came up with the name I fully researched and found nothing.even now the other company has very little web presence.
Will they be able to challenge my trademark
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. : Hi thank you for your question and welcome. My name is ***** ***** I will assist you. Do you and this company provide similar goods and services? Does this company own a registered mark? Do you trade in similar geographical areas? Kind regards AJ
Customer: We are both painters and decorators. I own the trade mark that covers all aspects of decorating services and even so far as supplies.
Customer: i am in manchester, she is in London. Ai have done searches on companies house, various Google searches and trade mark searches and the other company has very little with regards ***** ***** there is nothing coming up trade mark wise or on companies house.
Alex J. :

Hi, Thank you. Has your Trade Mark been finalised and granted or is it pending? Has it advertised by the Trade Mark Office?

Customer: Trade mark is finalised.it was listed in the register as of 14/02/2014
Alex J. :

Is the name particularly generic, does it have a logo as part of the registration?

Customer: The name is***** isn't a logo as part of the trade mark it is the name only.it is covered for quite a lot of areas as well as a decorating company,including painting materials,supplies etc.
Customer: as I say when I first chose the name i research and couldn't find anything.even now there is very little by way of web presence for the other lady even when I specifically type in decor Angels London.
Alex J. :

Hi, Thank you. Practically speaking has this lady asked you to stop trading? Do you want her to stop using your name?
Kind regards
AJ

Customer: All she asked was for my email address and when I started trading.i simply emailed my trademark certificate off and a small like he saying I hold the trade mark.i haven't heard from her since but to be honest I'm more bothered about not hearing anything as in the past that's been a bad thing!ha! It just seems very strange that I have been trading myself for 4years as decor angels, having had national press coverage and a heavy web presence she has suddenly decided to get in touch.
Customer: i dont particularly want anyone else trading as decor Angels which is why I got the trade mark and also she presented herself as decor Angels ltd when I currently am registered with companies house as decor Angels ltd and there are no other companies even close
Alex J. : Hi thank you. Just because she has prior trading history does by mean she can use the name. If you built up goodwill in the name that is nationwide and have a registered trade mark and the limited company name really means she is infringing you if anything. She certainly should not be using the name of a limited company that is not registered as that is potentially an offence under the trading disclosure regulations. Also by using your name she could confusion to your customers and do your reputation harm especially if someone complains about her service. I would suggest you send her a solicitors letter telling her to cease desist - this letter should come from a solicitor to give it the gravitas that you have been advised and know your rights. I look forward to hearing from you.
Customer: Thank you, ***** ***** this may be the case but wanted to ask.
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