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Thanks for your question. I am an IP solicitor in the UK and can help you with your question today. What are the respective marks and when were each registered? When did you start using yours for your business? What is your business? What is theirs? What kind of negotiation are they wanting to have? Has there been any actual confusion that you are aware of or could the two marks coexist in some way? Please also upload any relevant notices and documents as a single pdf file using the clip tool which should be immediately above the text box on your screen.
Thanks. What is the nature of your business? How long have you been doing it and for how long have you had the trademark?
Why did you use that name? Where do you trade? Do you know if they trade in any of your geographical market?
Thanks. They can’t in my view actually stop you using the name because you have a track record and goodwill in the name by usage over a number of years. They may have a case for stopping you use the relatively recent trademark, however, on the basis that theirs is years old and the names are ***** ***** even if by accident rather than design. I would suggest you try to negotiate a coexistence agreement whereby you agree that the trademarks remain but you agree the product specification that each company can market. That is often a satisfactory way of resolving these cases. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.