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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I've just begun a start-up making dog biscuits here in the

Resolved Question:

Hello,
I've just begun a start-up making dog biscuits here in the UK. Although I have not started selling yet, I am registered as a sole trader, have registered my business with my borough and have a trademark pending on my business name (1 week into the 2 month waiting period before publishing). It has come to my attention that another company is using our name and also selling dog products. I thoroughly researched the web before deciding on our name and it would seem that, although they have secured the .co.uk web address, they have not begun selling either and their social media seems to be from this week. I purchased my domain name in May of this year. Should I approach this seller? Would I have a legitimate case in unregistered law? Thank you, JMS.
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

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

Have you approached them yet please?

Customer: replied 1 year ago.
No I have not reached out yet.
Expert:  Jamie-Law replied 1 year ago.

Ok, you should. In any event you can go to the domain dispute service WPIO.

http://www.wipo.int/amc/en/domains/guide/

They can consider complaints and if it is being used and you have the mark, transfer it to you

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Thank you.My issue is that the mark is pending so technically I do not have it yet but will in a few weeks.
Do you recommend that I email them first?
Expert:  Jamie-Law replied 1 year ago.

Yes I would email first to put them on notice.

Does that clarify?

Customer: replied 1 year ago.
Sorry, email them first BEFORE filing a complaint with WPIO?
Expert:  Jamie-Law replied 1 year ago.

Yes, BEFORE.

Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you.
Expert:  Jamie-Law replied 1 year ago.

All the best.