Just wondering if anyone else had been in a simlar situation to me. I was due to be goibg to the printers a couple of days ago to check my t-shirt designs as they were being printed, but a letter arrived from a solicitor advinsing me that cleint wasn't happy with may trademark application as they thought it was too similar to theirs. I am quite frustrated as before applying I paid for a preliminary search by the patent office, who had no problems with it then made my application and still no problems or possible clashes were flagged, then nearly at the end of its publication period this happens .
I have taken legal advice who have told me as the solicitor has sent me a letter rather than actually opposing the mark they want to negotiate. This company is much bigger than me so I can only take this so far before it is not worth it financially.
You'll have a much more expensive, longer road ahead if you have opposition to your trademark.
You're still sort of "starting out". It might be worth scrapping the name and selecting something else if it means it's going to take time/money away from you promoting your t-shirt line.
Then again, maybe the publicity of a david vs goliath type fight might help your t-shirt line launch. Depends on how similar the two names are I guess.
I can't tell you that yet, you'll all be challenging it and I dont want to give the opposition any extra business. I had thought about what Rodney said and this might help with publicity, I think I will wait and see how expensive it is going to be. Trouble is the name is a key part why some people would want to buy the t-shirts. My solicitor has sent a letter out for me, trying to negotiate at the moment. The other companies solicitor has indicated that is wha they would rather do. I'll let you know what happens
If the name is so close to the opposition that you would be giving them business, meaning people would associate the name with their product, I can see why they would have a problem with it.
Also you say that everybody would be challenging it. If this is the case you probably should have seen some type of opposition coming your way.
I want to make sure I understand the situation...You want to trademark a name that if you told what it was in this forum, you think others would want to challenge it, AND you think you would be giving a BIG company more business.
Is it possible that you got the idea for the name from the big company?
It seems contradictory to say that you want to trademark a certain name, but until you get the trademark, you don't want to tell publicly what that name is because you don't want to give the other, bigger, company any business. But at the same time want to trademark the name for your company. What do you think would happen IF you were granted the trademark? This is exactly what trademark laws are for. To keep the consumer from being confused in the marketplace. But it seems to me that you are trying to purposefully add to the confusion.
Is it possible that you got the idea for the name from the big company?
.
definitely not.
I was joking when I said every body would be opposing it. I brainstormed loads of name ideas with my partner who thought of the name, it is a cut down version of a nickname rugby players are sometimes given. When I searched the trademark register myself I saw somebody else had a trademark which started with the same three letters, which is why I paid to have a preliminary search done by the patent office to make sure they had no problems with it. The preliminary search came through fine. My name is considerably different, the other party does not have a logo as I do, they have just registered a word. I applied for the trademark and again the patent office did not make any objections or site possible conflicts , I have aslo spoken to them since and they say they see no problem with it.
This is not a case off passing off as someone else. the other company is not well known.
[quote=It seems contradictory to say that you want to trademark a certain name, but until you get the trademark, you don't want to tell publicly what that name is because you don't want to give the other, bigger, company any business. But at the same time want to trademark the name for your company. What do you think would happen IF you were granted the trademark? This is exactly what trademark laws are for. To keep the consumer from being confused in the marketplace. But it seems to me that you are trying to purposefully add to the confusion.[/QUOTE]
I am sorry but your comments have really annoyed me, when I have gone through all the correct channels. I don't want to give out the name of my trademark as there is currently a dispute about it and yes, I think if I mentioned the name of any company it is in dispute with people may check out their site. Your are entiltled to your opinion but I was hoping for a little more support rather than practically accusing me of stealing a name.
I’m sorry if you are annoyed. But I didn’t accuse you of anything. Maybe you annoy easily. I merely asked a question and tried to get a clearer picture of what is going on. From the things you said, it seemed like you “may” have done what I asked. I didn’t know. That is why I asked.
I want to address some of the statements that you have made, though:
Quote:
Originally Posted by TROskell
This company is much bigger than me so I can only take this so far before it is not worth it financially.
Quote:
Originally Posted by TROskell
I guess you are saying that you were completely unaware of this company that is “bigger than me” before you wanted to trademark the name that is similar to yours? Okay, fine. But now you know that they exist, and that the name you want to trademark is so close to theirs, that you are afraid to say what “your” name is because “you” think it will give them more business.
Quote:
Originally Posted by TROskell
I don’t want to give the opposition any extra business .
I fail to see how giving the name of “your” company is helping them if the names are so dissimilar. It seems that your apprehension about giving “your” name, because you think it will help them, validates their claim.
Think about how that sounds for a moment: “I want to trademark a name that is so close to a “bigger” company that I can’t tell the name that I want to trademark because I’m afraid it will give THEM more business.” Then you are annoyed if I ask if you got the idea for your company from the "bigger" company. Seemed like a logical question, given your statements.
So although you are annoyed, you need to see the whole picture. You want support. Fine. Fight them if you think you are right. I’m all for the little guy fighting for what’s right. But if you are conceding some things, like you think they will get business if you tell what your name is, then that could be a clue that maybe you shouldn’t be fighting.
Also, a little side note. You say that you have gone through the proper channels, paid for a preliminary search, the office had no problems with your application. Just because nothing came up on the search and no problems were found, doesn’t mean that your name isn’t too similar to another name and that the owner of the other name doesn’t have a claim.
Quote:
Originally Posted by TROskell
I don't want to give out the name of my trademark as there is currently a dispute about it and yes, I think if I mentioned the name of any company it is in dispute with people may check out their site.
There is your answer from your own words. Even you think it’s so close that people will check out the site of the other company, if you give the name you want to trademark.
You are correct. I am sorry that you annoy so easily.
Take a step back and look at the whole picture is all that I'm saying. I know you are emotionally involved because you have put the effort in. But you need to be realistic about the situation. If you think others will associate the name you want to trademark with another company, why do you want to trademark that name?
Last edited by Comin'OutSwingin; April 10th, 2006 at 07:29 AM.
[quote=
If you think others will associate the name you want to trademark with another company, why do you want to trademark that name?[/QUOTE]
I think everybody must be bored with our rantings by now.
I don't think the trademark will be associated with another company, neither does my solicitor, but as with everything, someone else will disagree. (as you do with me)
Anyone else had a trademark opposed 
.
and I dont want to give the opposition any extra business
