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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My company name is ***** ***** XXXXbut I would

Resolved Question:

My company name is ***** ***** XXXX but I would like to trade as XXXX. There is currently a company in the UK called Truckweld Limited that is almost an identical company to ours. They have been trading under XXX since January 2006. We have recently applied for a trademark for truckweld before we knew of the other company, are we at risk doing this?

Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Are they in the same industry sector as you?
Customer: replied 1 year ago.

Hello Alex,

Yes they are.

Expert:  Ash replied 1 year ago.

No you are not at risk. But clearly if they object to the XXXX there is not going to be a lot you can do. The difficulty is they have been trading using that name for longer than you. However if they are located some distance away, that will certainly help. The test is can customers be confused between you and them. If the answer is yes then you are in breach of intellectual property of passing off. If the answer is no, then you are fine. If you are both national and in the same industry then that is a risk for you. Can I clarify anything for you about this today please? Alex

Customer: replied 1 year ago.

Hi Alex,

We are only 100 miles apart and in the same industry. Does it make a difference that our logos are completely different and that we are advertising as truckweld.com instead of XXX

Expert:  Ash replied 1 year ago.
I dont think s because the test is can customers be confused.
Given you are only 100 miles apart I think it is possible.
I am sorry.
Alex
Customer: replied 1 year ago.

That makes sense I guess.

I appreciate your help.

Expert:  Ash replied 1 year ago.
I am sorry it's not better news.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.

Hi Alex,

If I was to continue to trade under my original name (which is completely different) but still use my logo that has truckweld.com, will this still be acceptable?

Or, could I get away with slightly changing the name to t****welder?

Thanks

Expert:  Ash replied 1 year ago.
The test is could someone be confused? If the answer to that is yes then you can't use it.
So if you use the logo which has truckweld.com - it is possible you would still land yourself in hot water. Same with truckwelder - could someone be confused between you and them?
Alex
Customer: replied 1 year ago.

The problem I have now is they are using descriptive words, my company welds trucks and because they are using the name T***weld I can't use anything similar.

For example, if a website design company called itself webdesign, would that mean no-one in that industry can use the term web design or advertise their website as webdesigners.com because someone has called them self webdesign?

Thanks

Expert:  Ash replied 1 year ago.
They have been trading since 2006 so established to a certain extent. You could call yourself Mac's truck weld for example. But they have been using the sole name truck weld so can't get confused with that.
Does that clarify?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

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

If you have not done so already 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