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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a uk based clothing brand surgeons called treeshirtz

Resolved Question:

I own a uk based clothing brand for tree surgeons called treeshirtz and wish to launch a new range of thermal clothing under the treeshirtz label with the name 'climb8'(climate). I googled this name and there is a company in ireland trading as that name selling waterproof clothing for fishing. I have done a trademark search for their name and it is not trademarked. I would like to go ahead with this name and also apply for the trademark. If they were to complain, would the fact that I am selling to a different industry seperate us enough? From what I have read, even without a registered trademark they may have grounds to take legal action if the conditions are right.
The other companies website is www.climb8.ie
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** k will help you with this.
Is it the same industry sector please?
Customer: replied 1 year ago.

my market is mainly aimed at the tree work industry, although the range of thermal clothing would be of use to anyone in outside weather conditions.

The other company is specifically marketing their products to fishermen

Expert:  Ash replied 1 year ago.
The test is would a consumer be confused between you and them. If the answer is yes then this is breach of intellectual property even if they don't have a trademark.
So as long as it's a different sector, logo etc, you don't need to worry.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Well it is certainly a different sector and also a different 'type' of clothing, ie mine are non waterproof base layers whereas theirs are waterproof outer layers.

Supposing a consumer googled Climb8 and saw 2 different websites offering something under that name, regardless of being in different sectors, can that be construed as confusing the consumer?

The logo of course would not be the same and ultimately in my case it is the name of a line, not the brand, which is still treeshirtz

Expert:  Ash replied 1 year ago.
I would not call it climb8 of anything similar. That way you avoid any issues.
Can I clarify anything for you about this today please?
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