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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 5841
Experience:  English solicitor with over 12 years experience
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I have a business called 'Battle Ready Bootcamp'. Another

Customer Question

I have a business called 'Battle Ready Bootcamp'. Another party has claimed that we have infringed their trademark 'BattleReady'. Note that their mark is one work and they are not trading with the mark. Do they have a case?
JA: Is the trademark federally registered?
Customer: It is registered in the UK
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: They claim to be using 'Battle Ready' as an unregistered mark for another service they provide, however it is unknown what this is as they will not present any evidence
Submitted: 10 days ago.
Category: Law
Expert:  UKSolicitorJA replied 10 days ago.

Hello,

I do not think they have a case. Battle Ready are plain English words and they are providing a different service from yours.

May I help further?

Customer: replied 10 days ago.
Hi, thanks for the quick response.Just to provide a little further information, the link below is what we believe they are claiming we have infringed. This is an online fitness programme but is very different from what we offer, which is outdoor group exercise classes.
https://break-point.co.uk/battlereadyprogrammesignup/Below is their trademark 'BattleReady' which is one word and different to how they are using it for the online programme above. They do have it registered under class 41 which is similar to the services we offer.
https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00003207492Do you think this will be an issue for us?
Many thanks
Expert:  UKSolicitorJA replied 10 days ago.

The final decision would lie with the courts applying the test in the relevant legislation below.

Under the Trade Marks Act 1994:

"10 Infringement of registered trade mark.

(1)A person infringes a registered trade mark if he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered.

(2)A person infringes a registered trade mark if he uses in the course of trade a sign where because—

(a)the sign is identical with the trade mark and is used in relation to goods or services similar to those for which the trade mark is registered, or

(b)the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered,

there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark.

(3)A person infringes a registered trade mark if he uses in the course of trade[F1, in relation to goods or services,] a sign which—

(a)is identical with or similar to the trade mark,

where the trade mark has a reputation in the United Kingdom and the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark."

Customer: replied 10 days ago.
Thank you. What would be your opinion based on the information I have shared?
Many thanks
Expert:  UKSolicitorJA replied 10 days ago.

I think it is very close, but they do not have a case.

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