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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 8106
Experience:  English solicitor with over 12 years experience
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I'm looking for advice on trademark infringement, It's

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Hi, I'm looking for advice on trademark infringement
JA: Is the trademark federally registered?
Customer: It's registered in the UK as a brand name for restaurants by a well known operator.
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: Nothing in court yet, but I have received a letter regarding the infringement and been given 7 days to provide undertaking that the infringement will be removed. I will not contest but need advice on altering my mark so that it is non contestable.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have received a letter from the operator lawyers and a draft undertaking letter. Really need to know whether my adjustments to the name will be sufficient to protest us against them.

Hello,

I am a solicitor.

What adjustments do you wish to make?

Customer: replied 12 days ago.
Hi, The trade marked name is 'Street Burger'. Our logo design and the operator logo is very different but the working is the same. I would like to change it to 'Street Burgez'.
Customer: replied 12 days ago.
ok thanks

Sorry, I am unable to call.

I am afraid if you will be selling burgers, your proposed revision is still similar to the trademark and you may face further issues going forward.

May I help further?

Customer: replied 12 days ago.
How does one define the line between the same and different? Attached is the operator logo design and then ours.

There is no set criteria. The test is whether a member of the public would associate your mark with the other mark.

Customer: replied 12 days ago.
File attached (ZGG47GM)
Customer: replied 12 days ago.
Given the significant difference in the attached logo designs and the change to Street Burgez - would this be sufficient?

You cannot use the same words the other registered mark. In your case, I am afraid you would be infringing their mark.

UKSolicitorJA and 2 other Law Specialists are ready to help you
Customer: replied 12 days ago.
Even if the spellings are changed further :Street Burguz - is the spelling difference and the logo colour and style difference sufficient for a member of public not to see the difference?
Customer: replied 12 days ago.
The logo styles are very different and cannot be confused.

For me, the use of the word Street with burgers, however you spell it, is the deal breaker.

Sorry.

All the best.I am now going offline.