Trademarks

StudioVision · Mar 17, 2014

Hi all,

I'd appreciate some advice from those of you in the know

If a trademark exists under "Class 12: Luxury Vehicles", would I be able to use the same name to brand a new software which is related to the motor industry but not directly luxury vehicles? Or is this too close for comfort? The trademark is up for renewal in May if that makes any difference?

Thanks in advance,

Craig

namealot · Mar 17, 2014

Depends on the word its uniqueness etc to an extent your reasoning of use?. How big they are, How aggressively they defend the name e.g. “easy” think all that has it is there’s ?Trademark etc is immaterial if your not willing to go to court and defend your right to it if they go down that route ? That could drag on for years and cost ££££££ also who owns the com co.uk etc also what name are you going to promote it from if you don’t ? You could always ask them get some sort of agreement drawn up ?

As part of a business plan naming it after something that is likely to cause you grief from the onset is not one many would recommend unless you believe you’ll win and get mega loads of publicity out of it and have a few 100k to set aside for a year or two to cover legal cost?

Grant · Mar 18, 2014

Speak to a TM lawyer. Mine saved me loads of hassle.

Edwin · Mar 18, 2014

gdwebs said:
Speak to a TM lawyer. Mine saved me loads of hassle.

Great advice. Nobody on here can give you a definitive answer one way or the other.

Grant · Mar 18, 2014

Agree with both the above. It's very unwise to take accountancy/legal advice from members of a forum, unless they are accountants and/or legal advisors. You could be mislead (not necessarily on purpose) & it's likely to cost you a lot more money (and hassle) than it's worth. Peace of mind is a wonderful thing!

I used Colman Smart.