Trade Mark Rights

[grandin]

Interestingly I recieved a letter today from a Trade Mark Attorney who is thinking of lodging opposition to my personal Trade Mark application. The interesting part is this:-

If the Patent office overturn their own decision then what hope is there for a domain name owner in understanding rights?? The Patent Office were clearly aware of this other mark before they recommended the mark for insertion into the trade mark journal.

The Trade Mark Attorney writes 'Opposition will be lodged if amicable settlement cannot be reached before that date'

Maybe the Trade Mark Attorney would have a good chance of getting my £2000 domain name....DRS is not limited to rights enforceable under english law

Lee

 

[tmsdomreg]

IMNAL but would have thought if the patent office have recommended your trademark then that is in your favour. Is their tm in the same catagories?

Peter

 

[grandin]

example

this is a good example but obviously not same name:-

Existing Trade Mark reads : friend

My Proposed Mark reads : Friendship

Both are in the same category of trade (my mark is more categories) and neither have a device

Sent an email to the trade mark attorney stating 'whats the problem'...the email bounce...sorry I mean bounced

Lee

 

[tmsdomreg]

Sent an email to the trade mark attorney stating 'whats the problem'...the email bounce...sorry I mean bounced

Lee

I presume you've checked out the TM Attorney is genuine - if so I'd contact the firm by general email and inform them your reply email bounced and ask the question again.

Instinct (but only that, I'm afraid) still tells me your tm wouldn't have been accepted if there was a serious possibility of an objection - but perhaps someone else with more tm knowledge can answer that

Peter

 

[grandin]

thanks

thanks for the interest. I personally don't see a problem either but given the 'rights' issue is unclear...who knows what can happen.

They have until the 28th to file an opposition so will know soon

Lee

 

[diablo]

sounds like a scam to me

 

[tmsdomreg]

thanks for the interest. I personally don't see a problem either but given the 'rights' issue is unclear...who knows what can happen.

They have until the 28th to file an opposition so will know soon

Lee

I'd be interested to know how it (if it) develops - I tend to agree with Diablo, it *does* sound like a scam. Best of luck

Peter

 

[grandin]

the firm does exist

thanks for the feeback...the firm is real but maybe they are putting pressure in the hope I will back down....this approach seems familiar..........

So funny....such action could be deemed....taking unfair advantage of the defendants rights!! but who protects our rights from a bully

Lee

 

[olebean]

thanks for the feeback...the firm is real but maybe they are putting pressure in the hope I will back down....this approach seems familiar..........

So funny....such action could be deemed....taking unfair advantage of the defendants rights!! but who protects our rights from a bully

Lee

Lee

IAMAL but, i would have a quick chat with your solicitor then react accordingly. For point of interest, it sounds as though they are "trying it on".

 

[tmsdomreg]

Lee

IAMAL but, i would have a quick chat with your solicitor then react accordingly. For point of interest, it sounds as though they are "trying it on".

Very good advice - I'm sure you've looked at the information on challenging a Trademark, but just in case not...

http://www.patent.gov.uk/tm/indetail/challenging.htm

Peter

 

[grandin]

cheers all

cheers all...I will let you all know on the 29th

Lee