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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Question in regards ***** ***** I have an indian restaurant

Resolved Question:

Question in regards ***** *****
I have an indian restaurant based in London.
I received today a notice from someone from Birmingham saying that we need to seize using the name as they have it trademarked. I checked online and they have that name trademarked.
But its an ordinary name, how can someone trademark that name just like that.
our business are in the same section but not near each other.
If you need the name and reg number i can provide if that helps.
in our industry there a thousand restaurants called "taj mahal" "curry nights" if i trade mark one of them does that mean they all have to seize using the name.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Is it a generic name please?
Alex
Customer: replied 2 years ago.

memsaab

its means madam

Expert:  Ash replied 2 years ago.
Ok then you don't need to worry.
It is like McDonalds Trademarking the name burger!
They can threaten all they want, but if there is something that generic, the Courts wont get involved.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

then what stops me calling my self Virgin Indian restaurant.

Expert:  Ash replied 2 years ago.
Nothing.
You just cant use the virgin brand name or logo. But in this case it is too generic.
Alex
Ash and 3 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex