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Hoping someone can help or advise on this.
I have been running a business now for over 12 years. I have only just decided to trademark the brand name but in doing so and submitting the application it has transpired that a similar brand name is already registered. My application has not been refused however I have been asked if I wish to continue with the potential of objections from the other brand owner.
To give you an example, my brand would be 'RainfallUmbrellas' whereas the registered alternative mark is 'Rainfall'. But both cover the same class of products.
The registered mark appears to be from a larger umbrella company in Australia. I do not believe that they continue to trade with this brand and I do not think that they have been trading with it since I have been trading. But they do continue to re-register it.
I am concerned that if I rock the boat then they may object to me trading at all under my existing name and I would have huge problems. Best case scenario they do not object but the worst case scenario scares me with potential legal costs.
They have a Intellectual Property representative name which is a legal firm in London. I wondered whether I should give them a call and ask their advise, but again, not sure I should rock the boat!
Does anyone have any advise or experience?
I have been running a business now for over 12 years. I have only just decided to trademark the brand name but in doing so and submitting the application it has transpired that a similar brand name is already registered. My application has not been refused however I have been asked if I wish to continue with the potential of objections from the other brand owner.
To give you an example, my brand would be 'RainfallUmbrellas' whereas the registered alternative mark is 'Rainfall'. But both cover the same class of products.
The registered mark appears to be from a larger umbrella company in Australia. I do not believe that they continue to trade with this brand and I do not think that they have been trading with it since I have been trading. But they do continue to re-register it.
I am concerned that if I rock the boat then they may object to me trading at all under my existing name and I would have huge problems. Best case scenario they do not object but the worst case scenario scares me with potential legal costs.
They have a Intellectual Property representative name which is a legal firm in London. I wondered whether I should give them a call and ask their advise, but again, not sure I should rock the boat!
Does anyone have any advise or experience?
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