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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 10303
Experience:  Dual qualified Solicitor and Attorney
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I have a question around pre exciting trade marks. UK,

Customer Question

Hi, I have a question around pre exciting trade marks.
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: Before I ask the question, can you help regrading trade marks?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 9 days ago.
Category: Law
Customer: replied 9 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 9 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jeremy Aldermartin replied 9 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 9 days ago.

What do you wish to know?

Customer: replied 9 days ago.
Hi, I currently own a franchise company with over 150 locations in the UK. With each location I register a IP Trade Mark for the area and have done with each one of them. However, a new location is starting shortly and as I went to register to IP, I can see someone else has already registered the IP for this.The IP that has been registered is quite similar to all the ones I have done in the past and would do for this location but this has clearly been done for this purpose. There is no business for this particular trade mark and I believe it has just been made to prevent my company registering one and then if it does trying to cause a problem.What usually happens in this circumstance where there is no intention of creating a business from an IP address and it is clearly been generated to them cause issues later down the line.Thanks, Scott.
Expert:  Jeremy Aldermartin replied 9 days ago.

You can apply to revoke the trademark due to non use but this can only occur if it has been at least 5 years since the trademark was registered. An application for revocation can be made at any time after the trade mark has been registered for at least five years with the earliest date of revocation being the day following the fifth anniversary of the registration date. If you want to make an application for revocation, then you must file a TM26(N), Application to revoke a registration or a protected international trade mark (UK) for reasons of non-use accompanied by a £200 fee. It must state the dates between which it is alleged the trade mark has not been used: https://www.gov.uk/government/publications/application-to-revoke-a-trade-mark-for-reasons-of-non-use

You need to send it to:

Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ

I trust this assists

Customer: replied 9 days ago.
This trade mark was only recently created. This is the link to the trademark https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00003579498I have also added below a link to what of my other Trademarks look like and what we have registered, do you think there would be an issue between the two, due to the type of trademark etc..I am set to create a trademark called Preston Eats which will look the same as all of my others but with Preston as the name of location as oppose to, Blackpool, Hartlepool, Manchester etc. As I said I have over 150 registered trademarks all with the same branding just a different location name and the one above as made an attempt to copy this.https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00003539477
Expert:  Jeremy Aldermartin replied 9 days ago.

I am afraid it is likely you would have difficulty with the trademark given the similarity and unfortunately there is no way to get it removed so soon after registration. I trust this assists

Customer: replied 9 days ago.
anyone can register a trade mark with no intention of setting up a business and just try and use it to "sue" another company later down the line when they do use it? That does not appear to make much sense.
Expert:  Jeremy Aldermartin replied 8 days ago.

Yes they can unless as I say it has been more than 5 years from the registration. I trust this assists