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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4072
Experience:  Solicitor
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I've recently gone self-employed as a consultant to my now

Resolved Question:

Hi. I've recently gone self-employed as a consultant to my now ex-employer. They are in the legal expenses insurance market (with my particular specialism being in claims), but because of, amongst other complications, issues with registering a company whose name has the word insurance in it, I went for PRU Consulting (PRU are my initials) and have registered the business name accordingly with Companies House. I have however just received a letter from Prudential's lawyers, making all kinds of threats about my infringement of their apparently registered trademark "PRU". They say that they will waive their right to damages if I agree to de-register. I could come up with another name and register that probably without too much difficulty, but I would like them to cover my costs of doing that. I don't though want to push things too much if they potentially have a claim against me. Would appreciate any thoughts. I'm happy to pay for some advice, but given that the costs of re-registering probably aren't too great, am wary about costs for the advice not becoming disproportionate to the alternative resolution. Many thanks. Regards. Paul.
Submitted: 9 months ago.
Category: Law
Expert:  Jamie-Law replied 9 months ago.

Hello Paul my name is ***** ***** I will help you with this.

Is it the same industry sector? What do you do?

Customer: replied 9 months ago.
Hi Jamie. Thanks for the quick response. My ex-employer to whom I consult (exclusively), primarily offers legal expenses insurance, and I perform various tasks for them such as auditing of files, reviewing policy wordings, advising how to manage large loss claims etc. whereas Prudential are a life and pensions provider - I attach Prudential's letter which sets out more on what they do and why they are concerned. I noted that they have conveniently stated it as Pru Consulting, when in fact it's PRU Consulting. Hope this is sufficient. Regards. Paul.
Expert:  Jamie-Law replied 9 months ago.

If you want an easy way out, then change the name.

The test is would a customer be confused between Prudential and you. The answer in reality is no. You do not say that you are advertising insurance services, deal with members of the public etc. So if it is only consulting then it is unlikely to be confusing. The same can be said with a logo, as long as it is not similar or the same then a customer wont be confused.

The only tricky point is that you are in the same industry - insurance. That could cause difficulty.

My view is that it is not confusingly similar, but you may just wish to change the name to avoid any hassle

Can I clarify anything for you about this today please?

Customer: replied 9 months ago.
Thanks Jamie, that's good to know.They are not in insurance, but life and pensions although I appreciate it's a financial services field. As I mention, I'm happy to change the name and thankfully can do so without too much hassle, but there will be a cost. I'll therefore respond saying I don't accept their stance and set out the reasons why, but notwithstanding that, am willing to change the name provided they meet the cost. It's nice to know that I'm on reasonably good ground to insist on that (but may review my position if they won't budge!). Thanks for your prompt assistance. Regards. Paul.
Expert:  Jamie-Law replied 9 months ago.

All the best Paul. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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