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Cease and Desist Letter

  • 17-07-2015 10:16am
    #1
    ww_alan
    Registered Users, Registered Users 2 Posts: 2 ✭


    HI,

    I'm looking for some advice on a Trade Mark Case.

    Company A
    Registered a European Trade Mark May 2015 – Figurative Mark. Company Name & Logo is a common latin word with a umlaut type mark over one of the letters. Uses a common font , black and lowercase.
    Company A is planning to launch an App with 2 months which is related to transferring money. App is currently in development and no info is available online regarding the App.

    Company B – Same company name with an additional word after it. Logo has symbol as part of the logo and is colourful etc.
    Company B received a cease and desist letter from Company A citing Trademark infringement. Company B has no trademark, but has publically advertised they are launching an app related to donating to charity via an app. App was launched at a worldwide conference in Nov 2014 and will soon be available on the App Markets. Company B runs a hugely successful website for several years which allows people to fundraise for charity or donate to charities online.

    Question : Has Company A any case ?

    Thanks for any advice


Comments

  • #2
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Company A- Registered Trade Mark

    Company B- None.

    Yes.

    There is an exception if you have established a local usage but this would have be advocated before a court.

    Also you could argue that their Registration Classes do not affect- Most Trademarks are only registered for particular classes or uses. You would have to look it up on OHIM.

    You are looking at a legal defence unfortunately and you will need to contact a solicitor- Make sure they have the Trademark Exams. The Patent Office keeps a Register of Trade Mark Attorneys

    http://www.patentsoffice.ie/en/trademark_agents_register.aspx


  • #3
    ww_alan
    Registered Users, Registered Users 2 Posts: 2 ✭ww_alan


    Thanks Mr Incognito,
    Mr. Incognito wrote: »
    Company A- Registered Trade Mark

    Company B- None.

    Yes.

    There is an exception if you have established a local usage but this would have be advocated before a court.

    Also you could argue that their Registration Classes do not affect- Most Trademarks are only registered for particular classes or uses. You would have to look it up on OHIM.

    You are looking at a legal defence unfortunately and you will need to contact a solicitor- Make sure they have the Trademark Exams. The Patent Office keeps a Register of Trade Mark Attorneys

    ]


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