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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Trademark LawI set up a business in in April 2014, after

Customer Question

Trademark Law
I set up a business in in April 2014, after registering with companies house and the domain name I then trademarked my business and product.
After 6 months of trading it became apparent another company of the same name/product was also trading in exactly the same location and industry. Looking at details this company began trading in Jan 2014 though it did not come up in any search results, companies house or trademark searches.
I hold trademarks to both the business name and product, due to setting up the business properly through a legal and business perspective it took me a bit longer to come to market.
My question is as this company started trading 3 months before me, do they have any legal stand point of my trademarks? All due diligence that we did on finding a company using these names did not bring up any search results and it was by happen stance a customer of ours pointed it out.
Would be really good to understand this as the other company is really devaluing our brand/products, coming in with a lower quality and standard.
Many thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
How come you have the same product?
Customer: replied 2 years ago.
For ease I will use a example, though these are not real names.Our company is called "xyz vapour"
There company is called "xyz vapours".
Our product "xyz juice"
Their product "xyz juice"A complete coincidence I would believe difference being we went through legal channels to create and protect our concept and took our time from inception to launch, in comparison they created a simple and cheap website.
Expert:  Ash replied 2 years ago.
Is it a generic product?
Customer: replied 2 years ago.
Yes the product is a e liquid solution used in electronic cigarettes, so they will have similar properties but not exactly the same.
Expert:  Ash replied 2 years ago.
Could a customer be confused between you and them?