How much weight does a trademark actually have?

pgj2015

I believe the cost is 1,900 plus VAT which isn't cheap.

Are they worth it? if I have for example cavanlimos.ie and someone then sets up cavanlimos.com, what would my chances be of getting them to take cavanlimos.com down? forget about not being able to trademark cavan limos, imagine I have that trademark.

Also say I was operating in business since 2005 using the name cavan limos, could the new business who started in say 2019, trademark cavan limos or would I be able to stop them using the name as I was known by that name since 2005? in this scenario I havent trademarked cavan limos.

Gloomtastic!

If you go along the biscuit aisle of Aldi you'll see many household names being sold - jaffa cakes, digestives etc but they're not made by the company who originally produced them.

If you have bucket loads of cash to throw at this problem then go ahead but you might not like the result.

https://groceries.aldi.ie/en-GB/p-jaffa-cakes-300g-belmont/4088600107868

callaway92

https://www.boards.ie/discussion/2058309537/how-much-weight-does-a-trademark-actually-have

If you have been operating since 2005 using that name, you'd have protection by default (can't remember the exact terminology).

Especially if they're doing the same thing as you, they're impeding badly, using the exact same name.

However, if cavanlimos.com is not based in Ireland then forget about it.

pgj2015

https://www.boards.ie/discussion/comment/120990020#Comment_120990020

Im thinking of a business operating in Ireland, it wouldnt matter to me if it was a business based outside Ireland as this wouldnt have any effect on my business, its a business that can only operate in Ireland.

If I thought I wouldnt need the trademark, I wouldnt bother with it, I suspected that the fact my business has been operating for years should provide me with the protection I want.

callaway92

https://www.boards.ie/discussion/comment/120990503#Comment_120990503

If you have been operating to some extent, then you'd have a case.

If you haven't been operating at all and have no honest presence to be seen, they have probably gotten off-the-hook.

Hypothetically, you can't just buy up a company name and then never ever use it. You can do that with a website domain etc. but a true Business, there comes a time where they'd be the 'new' Cavan Limos.

pgj2015

I'm wondering would a solicitors letter be a cheaper option, if needed in future.

Gloomtastic!

https://www.boards.ie/discussion/comment/120991828#Comment_120991828

It would depend on what the letter says. You have to be prepared to carry out any threats you make otherwise they won’t believe anything you say.

pgj2015

https://www.boards.ie/discussion/comment/120991894#Comment_120991894

I would be but the other guy would be silly to fight it I think.

Gloomtastic!

Depends if he has money. If he has, he may fight it, if not, he’ll cave.

pgj2015

https://www.boards.ie/discussion/comment/120992157#Comment_120992157

I have more. its a spite website where the business doesnt even exist.

Furze99

https://www.boards.ie/discussion/comment/120992226#Comment_120992226

You thrive or not by virtue of your customers - if you provide a good service, sell useful goods and have built up a good reputation and relationship with your customer base - then you likely have little to worry about. Word of mouth is still important here and even if a new customer stumbles on the other site, they'll figure quick enough that it's not the right place.

If you provide a poor service or poor goods though and have a dodgy reputation with some customers, then maybe more to be worried about.

Gloomtastic!

Good. Shout at him really loudly, make him think twice before doing it again, but always be prepared to fulfill all threats.

Best of luck to you!