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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1406
Experience:  Dual qualified Solicitor and Attorney
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I have a limited company and have had an email from another

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Hi. I have a limited company and have had an email from another company in the same sector saying that I am infringing their name. After trying to do some research I believe i am not in direct infringement of their name as it has been trademarked.
Assistant: Is the trademark federally registered?
Customer: It is registered with the uk government yes
Assistant: Have you talked to a local attorney? Has anything been filed in court?
Customer: No nothing yet I am justvtrying to fined out if I am infringing.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No that is all thanks

Hi thank you for your message, you have registered the name with companies house?

Customer: replied 5 days ago.
Yes name is registered but after the other company
Customer: replied 5 days ago.
The names are similar but not the same and different meanings. Logos fonts etc are all different. Their name is one word, my name is two words. The main word in the name is a commonly used word within the industry to help describe the product

Hi thank you for your message, unless the names are so similar it is likely to cause confusion in the eyes of the public then it should be fine. Thus for example if someone opened a burger shop called Burger King then clearly that would be an issue conversely if they named it Burger Prince then people might see it as a take on Burger King but they would know it is not Burger King. From what you are saying it would seem this is the latter rather than the former i.e. you just happen to have used a word common to the industry and it is an industry you are both. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 5 days ago.
Thanks for the message.

An example of names without using the companies name would be.

Theor company Hairfix, name is one word capital at the start

My company is Hair FX (as in hair effects) shortened like the word special effects (special fx)
Customer: replied 5 days ago.
Their*

Hi thank you for your message, yes precisely. Those names are not so similar it is likely to cause confusion, especially given the fact that one FX is widely known to be shorthand for effects and the other is fix a completely different word. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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