(another) Trademark question

[PoshTiger]

Hi Guys,

I'm thinking of buying a pretty expensive domain for a new venture...

Thing is - it's a very popular company name, and there are tons of trademarks with the exact term.

What I don't understand is that there are multiple (6 in total) trademarks registered in the same class on ipo.gov.uk - how can this be?

Would I be able to start a company with "<word> services" but use <word>.co.uk as the domain without any danger?

thanks for any responses....

Tony

 

[PoshTiger]

Thanks Sean...

There are some logos in there, but five of them are for the word and they're in the same class - very confusing

 

[websaway]

Hi Guys,

I'm thinking of buying a pretty expensive domain for a new venture...

Thing is - it's a very popular company name, and there are tons of trademarks with the exact term.

What I don't understand is that there are multiple (6 in total) trademarks registered in the same class on ipo.gov.uk - how can this be?

Would I be able to start a company with "<word> services" but use <word>.co.uk as the domain without any danger?

thanks for any responses....

Tony

I had a law department buying a name that is unencumbered and anyway generic.They felt they could not use the name because other companies had the same words in their name. If that's any help.

The history of "easy" is a gauge for me.

 

[diablo]

Thanks Sean...

There are some logos in there, but five of them are for the word and they're in the same class - very confusing

I think the point is that you cannot trademark an entire class.

 

[PoshTiger]

Thanks for all the responses...

So if I check all the companies involved and see if they're doing what I'm planning and if they're not - I'll be OK?

Or should I get some legal advice?

 

[Skinner]

Always get legal advice, its also worth emailing ipo as well, they are quite helpful.

 

[diablo]

Always get legal advice, its also worth emailing ipo as well, they are quite helpful.

+1

It's likely that all current mark holders in that class will be notified if you submit an application in the same class.

 

[julian]

sorry to hijack, is related.

A pretty ignorant question really:

If you find a TM expired at IPO (by many years) you want it, can one pick it up as is, and carry on, maybe add a few more classes in

 

[philipp]

If you find a TM expired at IPO (by many years) you want it, can one pick it up as is, and carry on, maybe add a few more classes in

FYI, you can't just "add a few more classes in" - even if you already own a trademark in one class, a separate application will be required to register the same mark in additional classes. Having a TM in one class does not give your application any special advantage when it comes to other classes.

P.

 

[namealot]

On one hand you could say they haven’t bothered to acquire the name themselves so are unlikely to care?

The right itself is just part of it would you be willing to defend it?
Remember even if you have rights and would win to some companies there irrelevant? They can drag it through the legal system / nom etc bog it down with actions/appeals etc for months/ years and they know it ?

On the other they may want it themselves once you bring it to there attention? even if they don’t it doesn't necessarily mean there happy for others to have it? Common sense would be for them to purchase it for x rather than start actions costing xx but it boils down to what makes them the most £
They may well have better tax right-off opportunities, get free publicity etc so choose to drag it through the legal system regardless of chance of winning with a bonus of some just handing over a name for nothing ?

Certainly you can try for damages etc but all that can take plenty of time and £ to start obviously size of the holders there ferocity (e.g. “easy” seam to think “easy” anything is there’s,) need to be taken into account but for a start up business is it worth the hassle?