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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have received a trademark infringement notification

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I have received a trademark infringement notification against an mobile app that I developed. The app was published in 2012. The company that is claiming infringement received a trademark in 2015. The names differ only in that my app name has a space between two words (i.e., APP NAME,) their app name and trademark is a combination of the two words (i.e., APPNAME.)
Is there any way to contest the infringement? Or should I start thinking of a new name?

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

Just to be clear, you were trading using this before they were?
Alex

Customer: replied 1 year ago.
Hi Alex,Just for clarification I am not trading as the app name. I have been publishing the app under a separate company name. It appears my app predates any instance of their app on Google, Apple, etc; it also predates their trademark by three years. This should be possible to prove.Do you think it is possible to contest this infringement claim?

Are you in the same industry sector?

Customer: replied 1 year ago.
it's the same sector.
Customer: replied 1 year ago.
In case it's relevant they offered to buy the app name from me around 2-3 years ago. We agreed on a price but they never came back to me.

That makes no different. But if you have the app before they event began to trade you are NOT passing off.

They have to show they traded first - they cant.

Therefore you cant be passing off.
Can I clarify anything for you about this today please?
Alex

Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
That's enough to be going forward with - many thanks for your advice, Alex.