Can I Use A Trademark Before It Is Registered
- Status
- Non open for farther replies.
- #1
Hullo,
I'm currently in search for a visitor (ltd) proper name and I found ane which I similar and consists of two latin words of generic significant.
My first step was to search online, where I found a couple of companies who are using some kind of combination of these two words (none of them is UK-based), but both of them are completely unrelated to my field. I'm providing web design/development services, and I'm about to release a few SaaS products (subscription-based web applications) which volition be owned by the company I'm most to form.
I used the company name search tool provided by the companieshouse.gov.uk website and I didn't discover whatever company registered in the Uk which is using these two words together in its name. There are a few though, who are providing services similar to mine and are using but one of these words.
My next pace was to bank check the trademark search tool provided by the ipo.gov.united kingdom website. There, although I didn't detect any trademark which is using both the words I'one thousand going for, there are some registrations for each i of them individually, and I remember some of them are falling into the my class of services (from a quick search I remember I vest to class 42).
Is it legal to employ every bit my company name permit'south say "Hello World" and trademark that for my form of services, even though there is a trademark for "Hullo" by someone, and "World" by someone else for the same class?
Both of these words are normal latin words, none of them is a fabricated upward word.
Thanks for your time.
- #2
A Company proper noun tin be almost anything and is a separate matter from a Trademark.
Whatever unique combination of 2 words only applies to category information technology is registered in. Think of Band Aid. It can be a gummy plaster and a pop concert.
- #3
Thank you for the reply, but I don't think it answers my question:
I desire to trademark (as an case) "Hello Earth", which will refer to the proper noun of a company which volition provide web blueprint services (the actual registered proper name of the company can be different, I know that).
Tin can I do it if someone has already trademarked the discussion "World" and refers to a company which provides the same kind of services as mine?
- #4
Even if you can is it a good idea? Think how it would look in searches.
- #5
That'southward another discussion. 
- #six
I tried to trademark a proper name of my publication which is a 2 give-and-take name. There was somebody already holding the trademark of the first word in the category in which I wished to register and they declined my application considering of the previous trademark owners right to 'expand' on the utilise of his existing name rights. This was about 7 years ago now, I think the rules may not exist the same though.
- #7
Interestingly I've only looked at the IPO website and the trademark expired for the mark I had a problem with in 2012. In 2009 another mark was registered in the same category with the same name, so the IPO didn't appear to be bothered most this and then that there were two holders with the same proper noun. I may accept another get.
- #8
How-do-you-do, information technology'due south all nigh the risk of defoliation. Trademark infringement can occur with not but identical but similar marks in similar or identical fields if there is a adventure of confusion.
If yous would like to transport over the details to me I am happy to accept a look. [electronic mail protected]
- Status
- Not open for farther replies.
Source: https://www.ukbusinessforums.co.uk/threads/can-i-trademark-a-combination-of-words-which-are-trademarked-individually.319373/
Posted by: stevensonbeforming.blogspot.com
0 Response to "Can I Use A Trademark Before It Is Registered"
Post a Comment