Is a business name trademarked?

Bugatti

I'm setting up an online business. It's mainly focused on UK consumers (but I will also be targeting people globally). I have registered a 3 word .co.uk domain. The site is almost ready to launch. I have just set up my social media pages. I was able to get the exact same handle on Facebook and Twitter as my 3 word domain.

On Friday I published my Facebook and Twitter pages. Yesterday I received a message from someone on FB basically just saying that they really liked to the sound of my website and that they were involved with something similar. They followed that up with "We just wanted to find out a little more about you and to let you know the name [mydomain] is currently trademarked. Would be good to hear back from you".

Can anyone recommend what I should do in this situation? Also the .com of this domain is parked and not in use. Is it possible for me to check if this is trademarked? Should I be concerned by this message, should I respond to them?

Bugatti

Also just to add, the profile that messaged me looks like it was only created last December.

Kenjataimu

Bugatti wrote: »

. Is it possible for me to check if this is trademarked?

Maybe check here https://www.gov.uk/search-for-trademark or here https://www.patentsoffice.ie/en/Trade-Marks/Trade-Mark-Searching/

Sleeper12

You can't trademark a business name as such. The trademark would be a logo incorporated into the trade name. It's the logo, colours and design that you trademark

In Dublin alone there are dozens of Macari chippers all different owners or Roches Barbers.

You need to register your business name with the Company Registration office. Every if someone else is using the same name you can register it

eeguy

Also, if they're in a different business to you, then I wouldn't worry about it at all.

coylemj

Sleeper12 wrote: »

You can't trademark a business name as such.

+1 if your business name is not the name of a registered company and it differs from a person's name then you have to register it as but as poster Sleeper12 says above, there could be dozens of businesses with the same name so there's no exclusivity in it.

A grocer called 'Noel Murphy' doesn't have to register but if he calls his shop 'Murphy's Corner Store', he has to register the business name.

Bugatti

Kenjataimu wrote: »

Maybe check here https://www.gov.uk/search-for-trademark or here https://www.patentsoffice.ie/en/Trade-Marks/Trade-Mark-Searching/

Nothing on the Irish search but on the UK one it did return a match for the name Im using, although the registrar appears to be based in Germany.

Sleeper12 wrote: »

You can't trademark a business name as such. The trademark would be a logo incorporated into the trade name. It's the logo, colours and design that you trademark

In Dublin alone there are dozens of Macari chippers all different owners or Roches Barbers.

You need to register your business name with the Company Registration office. Every if someone else is using the same name you can register it

Ok, if I'm certain there are no issues with me continuing to use this name, I will register it this week. I have often wondered about that, how like you say you could find dozens of chippers or other shops around the country with the same name. But surely I wouldnt get a way with setting up, for example a photography shop and calling it The Facebook Shop?

eeguy wrote: »

Also, if they're in a different business to you, then I wouldn't worry about it at all.

The person that messaged me gave away nothing about their business expect that "sounds very similar to what we are doing too, so great to meet like minded people". But as I mentioned I'm skeptical about the authenticity of that FB profile. As for the registrar in Germany, the description suggests that they might be doing something within the same niche as me but still a different type of business. But without giving away my domain name, it is specific enough that anyone using it would likely have similar businesses.


Anyways thanks for all the information so far folks. The legal side of things isn't my strong point! What should I do about the message? Am I best ignore it or should I respond to try and get more information them or to even figure out if its likely just scammers?

Sleeper12

Bugatti wrote:

Ok, if I'm certain there are no issues with me continuing to use this name, I will register it this week. I have often wondered about that, how like you say you could find dozens of chippers or other shops around the country with the same name. But surely I wouldnt get a way with setting up, for example a photography shop and calling it The Facebook Shop?

I've no doubt Facebook have the best legal team on the planet but they still have to prove breach of trademark. You won't get away with setting up a social network called Facebook.

I wonder though if you used Facebook with totally different font & colour would you have an issue with a photography shop. It would be interesting.

The Beatles, owners of Apple music took Steve Jobs or at least his Apple company to court. They both have an apple in the logo. I believe Apple computers paid a settlement to the Beatles and agreed that they would stick with computers and not music

You just don't know what the future holds & Years later Apple came out with the ipod and Apple Music. Obviously they never foresaw this happening. The Beatles let this one slide though. I could be wrong but I think Apple dropped the Apple logo on Apple music

L1011

Apple Inc entering music sales required a further legal settlement

Hewlett Packard are restrained from selling vacuum cleaners from a settlement on the term Vax

Pat Mustard

Bugatti wrote: »

Can anyone recommend what I should do in this situation? Also the .com of this domain is parked and not in use. Is it possible for me to check if this is trademarked? Should I be concerned by this message, should I respond to them?

Get on to a trademark agent in the jurisdiction where you want the answer.

Some solicitors are trademark agents as well, if you have legal questions on the topic.

https://www.patentsoffice.ie/en/Trade-Marks/Trade-Mark-Agents/Register-of-Trade-Mark-Agents/

Mr. Incognito

A business name is not a trademark

A Registered Business name is not a trademark

To get a trademark you have to show usage or economic activity under that name.

You have nothing to worry about

Also there are a LOT of scammers in the Intellectual property area as the registrars are public.