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?
Yes they are.
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
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
That makes sense I guess.
I appreciate your help.
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?
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?