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RJM Law, Lawyer
Category: Law
Satisfied Customers: 4100
Experience:  LL.B (Hons)
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If I have the same name as someone for example a brand is

Customer Question

Hello. If I have the same name as someone for example a brand is called “honey” and sells men’s clothes in section 25 and is trade mark and I call my brand “honeyswim” but the brands look totally different is this a issue
JA: Where are you? It matters because laws vary by location.
Customer: uk
JA: What steps have you taken so far?
Customer: I have registered my brand and domain it I did not know I had to trademark it
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: but our brands are totally different concepts
Submitted: 20 days ago.
Category: Law
Customer: replied 20 days ago.
They also have there logo on every piece of clothing so would be no confusion, they are totally different style of branding but will be under the same section ?
Customer: replied 20 days ago.
it’s like them securing the name “BLANCO” as a trade mark and then myself launching a brand called “blancoswim” under the same section but mine is just ladies wear
Expert:  RJM Law replied 20 days ago.

Hello, and thank you for choosing our service today. I am the expert who shall assist you with this opportunity

Please note, our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.

If you do not receive a response immediately, please be advised I may be working through other matters however you shall receive a response as soon as I am finished with any live. However please be assured I will get back to you.

I will be able to provide you with guidance in relation to your question which should assist in clarifying matters and navigating the legal system. However, please note this does not form a professional client relationship.

I look forward speaking with you and providing help.

Expert:  RJM Law replied 20 days ago.

Thank you for the question.  The first thing you will require to do is apply for the trademark, as this is the first step, if there are any issues then the original company would raise an objection to the trademark if they felt there was an issue.  In which case the matter would be looked at and a decision made if the trademark can be granted or not.  If there is no trademark in place, but you are using this brand, there is potential for trademark infringement.  If the company can reasonably show that people may identify your product as being aline of theirs, they could take legal action to cover profits received by you.  In the first instance, I would advise trademarking the product to see if there are any objections.  It will depend on if the products could be perceived as being one in the same.

Expert:  RJM Law replied 20 days ago.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland) (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.