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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 15749
Experience:  30 years as a practising solicitor.
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I've got a trademark dispute enquiry. Yes...my company's

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Hi.. I've got a trademark dispute enquiry.
JA: Is the trademark federally registered?
Customer: Yes...my company's trademark is already registered with the EUIPO.. and recently received a notice from another company requesting that we cancel a particular "class" of registration as they claim it is similar to theirs. I need an opinion on the matter.
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: no nothing filed.. they seem to want to open a negotiation, but then if not successful, they wish to file a cancellation suit against our tm.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: nothing in particular.. i'm open to answer if there's a question.

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.

Customer: replied 12 days ago.
Hi. Thank you for the response. Please see the attached document. It tells all.

Thanks. What is the nature of your business? How long have you been doing it and for how long have you had the trademark?

Customer: replied 12 days ago.
our primary product is "wound dressing", since 2014, the registered trademark just this past September 2019.
Customer: replied 12 days ago.
The name "unomed" shows on our product, unlike, the other company, their registered word does not show on any of their products.

Why did you use that name? Where do you trade? Do you know if they trade in any of your geographical market?

Customer: replied 12 days ago.
our product is for the global market, primarily the EU.. Although belongs to the same sphere of wound dressing, but different in composition and components. their products are also global and available in markets all over. however, we are not following them in any form or shape, we just happened to be in the same industry. regarding the name, it is just a name we came up with, and in no way influenced by any of their products (as I mentioned their name does not appear on any of their products).

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.

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