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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3832
Experience:  Solicitors 2 years plus PQE
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I am setting up a UK Limited company and I want to call it a

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I am setting up a UK Limited company and I want to call it a word that is already a trademark. In fact this word is a European trademark registered by three different people, two of them with a similar 'class' to my own line of business, ie lighting. Firstly, how come three different people can hold a trademark on the same word? And secondly, as this word has not been used as a UK company name, is there anything to prevent me using it for my company name and trading under it?

Thank you for your question and welcome. My name is ***** ***** I will assist you. It is worth noting the following about trade marks:

- Trade Marks are property;

- They indicate origin of services or products;

- The Trade Mark does not only cover wording but is normally a combination of words and logo - a trade mark of just words is difficult to achieve;

- Trade Marks are registered for goods and services;

- A Trade Mark is more effective once it has goodwill and a trading history behind it.

Considering these points (i) Are you setting up a business with similar goods and services to the existing trade marks? (ii) Do you have a logo to go with your name? (iii) Do any of the other TMs trade in the UK?

Kind regards AJ

Customer: replied 1 month ago.
Thanks for the general info about trademarks. Please could you answer the questions I asked.
Customer: replied 1 month ago.
Haven't heard of the other TMs and don't know if they trade in the UK. Judging by the classes they have registered two of them trade in similar products
Customer: replied 1 month ago.
No we do't have a logo as yet

Thank you. (a) The same wording can be registered in different Trade Marks if the (i) the logo associated with the wording differentiates them and/or (ii) they are registered in different classes of goods and services and/or (iii) the word trade marked is too generic to be a Trade Mark by itself and is supported by a special font graphic or logo. (b) Yes you could potentially register a company using the TM name - are trading in similar classes of goods or services? Is the name already taken at Companies House? Kind regards AJ

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