Trade Mark letter

[Snoop]

Hi guys, I’m looking for some advice if somebody can help me please.




I have a website that I have been promoting it appeared that the building on Instagram following and my brand name is something like this ABC XYZ but yesterday I received email with an attached letter from a solicitor advising that I need to close by bread as this company has a trade for on the name ABC. ABC is just that example of name but ABC is actually an English adjective.




So my question is, can this company Exley trademark the adjective and prevent anybody else from using that adjective in the name of the company.




Also they have listed the trademark in many different classes including the class that I operate In.




What would the advice be at this point?




Thanks in advance.

[Snoop]

Sorry the first paragraph should read:

I have a website that I have been promoting and have been building my Instagram following. My brand name is something like this ABC XYZ but yesterday I received an email with an attached letter from a solicitor advising that I need to close by brand as this company has a trademark on the name ABC. ABC is just that example of the name but ABC is actually an English adjective.

[des8]

It is possible to trademark a common word e.g Apple have done it
But whether or not trade marking eg "green apple" would prevent usage by others of green in their company name would seem doubtful unless it could cause confusion to consumers.

[Snoop]

Thanks for your reply, that makes sense. So it’s essentially not cut and dry but depends on each situation in its own merit.

Would you think it might be best to reply to them stating that it’s not infringing their mark as it’s not just ABC but ABC XYZ ?

Thanks

[des8]

Sorry, but i am not knowledgeable enough to answer your query.

The Intellectual Property Office might be able to give you some initial advice, but I suspect they will advise you to consult a lawyer specialising in the subject
The IPO can be contacted by phone - 0300 300 2000 or .email :information@ipo.gov.uk

[des8]

Just came across this article on BBC website: https://www.bbc.co.uk/news/uk-england-norfolk-58607923

[Snoop]

Thanks Des8, that’s brilliant, the article is good and I will
ring the IPO office.

thanks again