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Similar name trademark - understanding implications

Started by ipquestions1, 01-30-24 at 07:46 PM

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ipquestions1

Dear community,

I work for the start-up Superchat and we are currently exploring a potential trademark conflict where we would really appreciate your help:

  • We have secured a figurative trademark for our logo "Superchat" across the EU (can be found in TMView database)
  • Google has secured the name trademark for "SUPER CHAT" in the UK (can be found in TMView database)

A. We have an overlap in the classification 42. Do you believe that this could cause any problems despite the name difference?
B. Also, I saw an article that we should generally our rights should also be secured in the UK but I could not find the associated entry in their database, could you help me find it?

Many thanks in advance for your help!

MYK

Yes, it definitely could cause problems.  A space and some capitalization generally aren't considered significant differences, at least under U.S. law.  Does your registration precede theirs?  Are they attempting to operate their service within the EU?

I did not find your trademark registration in the UK database.  https://trademarks.ipo.gov.uk/ is where you would search.

I would suggest contacting a UK trademark attorney.  I'll message you with one I have worked with and whom I can recommend.
"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.



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