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I'm after some advice on how to handle a potential Trademark infringement. Here's the possible situation although the business type and names are made up.
I want to start a business selling fishing tackle online. I want to call the business 'Lakeside Tackle' so I check if the name has been trademarked; it hasn't. I apply for the trademark words 'Lakeside Tackle', and after the allotted period, it's granted to me.
After this, I notice that there is a brick and mortar tackle shop trading as 'Lakeside Tackle'. They are established, having been trading for 10+ years but they do not own any trademark. They have registered as a limited company 'Lakeside Tackle (location)' though.
Taking the moral argument out of the picture - what legal rights do I have to enforce my newly granted trademark to prevent the established shop from trading under the same name? Does a history of using a trading name give the operator any power to continue even if a cease and desist letting is issued to them?
I want to start a business selling fishing tackle online. I want to call the business 'Lakeside Tackle' so I check if the name has been trademarked; it hasn't. I apply for the trademark words 'Lakeside Tackle', and after the allotted period, it's granted to me.
After this, I notice that there is a brick and mortar tackle shop trading as 'Lakeside Tackle'. They are established, having been trading for 10+ years but they do not own any trademark. They have registered as a limited company 'Lakeside Tackle (location)' though.
Taking the moral argument out of the picture - what legal rights do I have to enforce my newly granted trademark to prevent the established shop from trading under the same name? Does a history of using a trading name give the operator any power to continue even if a cease and desist letting is issued to them?
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