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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10796
Experience:  Barrister 17 years experience
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A company has registered the trade mark name of our registered

Resolved Question:

A company has registered the trade mark name of our registered company and registered website.
Can we contest this?
Filing date13 October 2014Date of entry in register23 January 2015
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. You most definitely must and should contest this registration. Otherwise you will have to cease using your name and website as someone else will own the legal rights to both the name and the use of it. I believe there is a six month time limit within which to challenge the awarding of a trademark so you should simply challenge it on the basis that you have an existing business using the mark. Be aware that trademarks are in categories, so you need to have a business in a similar category in order to challenge the registration of the trademark. For example, if the trademark registration is for cars and your business is car rental or a garage, then you can challenge the registration. However, if you are selling soda pop, you most likely won't be successful in challenging it.
Customer: replied 2 years ago.

Dear Mr Buachaill

Thank you kindly for your clear answer.

How do I make the challenge. Presumably through the trade mark registration website.

Regards,

John R

Expert:  Buachaill replied 2 years ago.
2. Dear Rushton, Essentially, you need to file an opposition to the registration of the trade mark. Here is a link to the Intellectual Property Office's website which sets out how to go about it - https://www.gov.uk/objecting-to-other-peoples-trade-marks - Be aware that there is a strict time limit of two months which can be extended to three months by action on your part. Read through the information and see if you can enter an Opposition yourself. If not, get a solicitor or trademark agent to assist you.
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