TradeMark [Trade Mark]. How much can I charge someone per violation?

[Ethan_2000]

Hi guys.
I recently registered my name as a LTD company, and then registered my name as a trademark owned by that company.

How much money is considered the typical £ norm for charging another company for a trademark violation?

I have registered my name under TM Class "35", Sub-class "Implied name of company director".

I welcome any feedback you can offer me.

Thank you

[atticus]

There is no "norm". Damages are awarded by reference to the commercial advantage made as a a result of the infringement.

Are you confident that your TM will survive any resulting challenge?

[Ethan_2000]

There is no "norm". Damages are awarded by reference to the commercial advantage made as a a result of the infringement.

Are you confident that your TM will survive any resulting challenge?

Thank you for posting.

Q :: How does one determine or measure the commercial advantage of a company writing a letter (or demand) addressed to me (my name), which happens to be Trademarked?

The TM classification is "Class 35" > Sub class: "Implied name of company director".

Also, if the only way a TM enforcement can be justified is by measuring commercial advantage or disadvantage, then how would the charges / fees for violating the above Sub-class typically be calculated?

[atticus]

Please see my earlier post, in which I gave my answer to your question.

[Ethan_2000]

Please see my earlier post, in which I gave my answer to your question.

Sorry, I didn't really understand. What does this mean in this context please? "... commercial advantage made as a a result of the infringement"

[atticus]

increased turnover or profits resulting from the infringement.

[Ethan_2000]

increased turnover or profits resulting from the infringement.

Thank you.

I am now struggling to imagine how such a scenario would enfold, with this particular Sub-class.

If damage can only be determined by the "increased turnover or profits" of the offending party, then other than using the TM to prevent another Director from impersonating you in order to get more business, I cannot think of how this Sub-class would be of any use.

[atticus]

You were asking about the measure of damages.

If someone is impersonating you - which is not what you were originally saying - you may be able to seek an injunction to stop it. Whether you can prevent someone from using their own name is another matter.

[Sam101]

As you are expecting someone to violate your registered name, it would be good to know what that registered name is. Can you tell us please?

[paulajayne]

"Q :: How does one determine or measure the commercial advantage of a company writing a letter (or demand) addressed to me (my name), which happens to be Trademarked?"


I think a FOTL is at large trying to trade mark their name to play games with creditors.

[atticus]

If so, good luck to him.

[Ethan_2000]

If so, good luck to him.

Thank you my friend.

To tell you the registered name would be to tell you my name, which I'm afraid I will not do here, sorry.

So, just as an example, let's call the company JOHN SMITH LTD. And the company owns a series mark consisiting of John Smith, John SMITH and JOHN SMITH etc.

I don't think I would refer to myself as a FMOTL, that's a bit nineties. However, I might be a UCC1-308 Secured Party Creditor. The problem with this is geting 'the system' in the UK to recognise it, the US is much easier apparently, even though the UCC is international (maritime law / commerce).

As for my intentions, I do not want to use it 'offensively' as a 'trip wire' to harvest anyone.

However, (playing 'defense') if a company like a DCA (debt collection agency) was assigned my debt by a Utility company for falling behind with the electricity bills, and the DCA wrote to me threatening to call round and take my possessions, I could write to them to ask if they have any contracts with my JOHN SMITH LTD company and to send a copy of any such contracts, so I could have them for my records.

The DCA wouldn't have this, and they would most likely either never contact me again, or write back to me saying they're ignoring my 'letter' and wish to continue taking the money from me somehow.

Then I would write to them again, warning them that the name JOHN SMITH is a registered trade mark, and using this mark when writing to me would cost them £-Make-up-a-figure per violation.

I feel I should also mention that I have not used the TM in this way yet, but I am exploring these defensive measures to see how they can be used most effectively to keep the wolf from the door.

[atticus]

oh for crying out loud.

[MIKE770]

Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh Bisto!

[Sam101]

How very silly if you think that would ever happen. Dream on!
May be better to try this out in your own country.