Had a DRS? Hyphen Question

[Retired_member41]

HI

Has anyone ever had a DRS successful against them where there was no official tm but other circumstances etc.

eg

BIGWEBSITE.etc successfully claimed in a drs big-website.etc

Thanks

C

 

[anthony]

Maybe like DRS00248 perhaps?

(seiko-shop.co.uk)

 

[Retired_member41]

Thanks Anthony, but one without an official TM like seiko

Established company/website with no tm type of thing demanding the hyphenated.

 

[anthony]

In which case DRS01057, simply-energy.co.uk might fit your bill.

 

[Retired_member41]

lol Good Anthony and almost there, the unhyphenated wasnt theirs which is what i'm looking for.

But got some info from that, any more?

 

[Rob_F]

Would depend on the name and complainants business, and how established it is.

Assuming complainant is has a well established business, he's probably already got common law TM rights. In which case, it would come down the name and your use of it.

Made up examples but should give you an idea

1. ebay-auctions.co.uk – obvious TM with no other potential use. highly likely to win
2. blue-sky.co.uk – would depend on use. A name like this could obviously be used in multiple industries.
3. water-features.co.uk – Purely descriptive. Very unlikely to win.

Is it at 1,2 or 3 type name?

- Rob

 

[Retired_member41]

Hi Rob

More 3 but 2 would qualify as no tm association with content and use.

 

[Rob_F]

Hi Rob

More 3 but 2 would qualify as no tm association with content and use.

Impossible to give a definitive answer without knowing the name and and all the facts but on the face of it, sounds like you'd have a very good chance of winning a DRS.

- Rob

 

[Retired_member41]

Brilliant thanks, pm with reason sent to anthony and rob, thaks for the information.

 

[anthony]

Others include:

DRS 04250/04251, enjoy-england.co.uk & enjoy-england.org.uk (where the complainant claimed concatenated rights.)

DRS 4447, dragon-hotel.co.uk

DRS 01784, mortgage-point.co.uk