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Another company starting to use my pending trademark

  • 16-02-2009 10:24pm
    #1
    Registered Users, Registered Users 2 Posts: 1,379 ✭✭✭


    Hi All, I am unsure what to do here. i have recently spotted that another company are using (nearly the same) logo i have trademarked for my company.

    The thing is that my trademark is still pending at the moment. Should i contact the company in question or should i wait until the trademark application is fully registered?

    Thanks in advance.


Comments

  • Closed Accounts Posts: 575 ✭✭✭Dabko


    To avoid looking like an idiot, id wait until the patents office got back with the acceptance of the trademark. Then do a search to see if the other company has any legal stake on the logo. At least then you have some documentation to support your claim.

    best of luck with it.


  • Registered Users, Registered Users 2 Posts: 384 ✭✭YellowSheep


    Wait could be to late. We were registering last year "Real Irish Burger Company" as a trademark and were opposed by the "Real Burger Company" who in return are opposed by a German Supermarket Group called "Real" and some Spanish fit out.
    So question here is....why bother at all and registering your name could be very important. Anyway if you can show that your application was lodged before theirs you can oppose. I would suggest however to engage a trademark lawyer to register the paperwork.
    Any more questions..just ask. Cheers Oliver


  • Registered Users, Registered Users 2 Posts: 9,815 ✭✭✭antoinolachtnai


    This is not just about registration. It is about securing the goodwill you have built up in your business. You must act now to protect your business.

    Do not wait. You need to go to your lawyer now if you want to prevent them from continuing to trade under this name.

    You really have to get moving without delay. If you have to go to court, you will need to do it within a couple of weeks at the most.

    There are a lot of technical issues with this that your lawyers will have to consider. Whether you are trading under the name; the similarity of the product to your own; the uniqueness of the name and logo.

    Go and see your solicitor.


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