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Trademark Infringement

  • 17-05-2012 3:08pm
    #1
    DeanSmedley
    Closed Accounts Posts: 112 ✭✭


    What recourse does one (on a low budget) have with regards to fighting an infringement of their trademarked website name by a company which would attempt to distribute a print magazine of the same name?


Comments

  • #2
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    DeanSmedley wrote: »
    What recourse does one (on a low budget) have with regards to fighting an infringement of their trademarked website name by a company which would attempt to distribute a print magazine of the same name?

    Does your trademark cover the print area? Trademarks can be limited.

    For example, I submitted a TM a few years ago. Within a week I had a prominent agency call me and offer services. I declined and a week later I had an objection from a UK company represented by the agency that contacted me. In any case we agreed to make a proviso that the TM would not cover one specific activity.

    You need to look at what classes and activities your mark covers.


  • #3
    DeanSmedley
    Closed Accounts Posts: 112 ✭✭DeanSmedley


    I was thinking about the issue more in terms of the costs involved. Say that one does have a case and a trademark is being infringed upon. The cost of taking this to court with trademark solicitors is quoted in the thousands, even to send a warning letter solicitors charge several hundred euro. This can be out of the reach of people who don't have money. In this case, what can one do? Perhaps represent oneself?

    No win no fee does not apply in this area.

    It seems that unless one has money, one's rights can not be obtained.


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