Trade Marks and Intellectual Property

The23rdman

The23rdman

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Does anyone here have any professional understanding of the TM and IP laws and guidelines? MY wife has started an aerobic fitness/dance class with a cool name, but that name has been trade marked for something loosely similar. We're wondering how she stands if she changes the name slightly so she can trade under it.

Applying for intellectual property isn't cheap (for us at least) and if you fail it's money down the drain so any advice would be helpful.
 
It comes down to this IMO, they own the trade name, and its licensed to protect it for them. ...So, if it could be deemed in a court of law that she is using that companies trade mark within her trade name to bolster her own business, shes gonna lose out big time. ..if it wont be seen like that, then she's ok.

Id suggest the responsibility of choosing a trade name that isn't trade marked by someone else is unfortunately hers to get right or wrong. ...how close is it Is the question?
 
I've dug a bit deeper and it looks like Ali's going to change the name - it's just not worth the hassle. I suggested just asking the guy who's TM'd the name if he wants to sell a license or sell the name, but again it doesn't seem worth the hassle. I don't think he's using it, but may have just TM'd it because it is such a killer name for an exercise class.
 
The23rdman said:
I've dug a bit deeper and it looks like Ali's going to change the name - it's just not worth the hassle. I suggested just asking the guy who's TM'd the name if he wants to sell a license or sell the name, but again it doesn't seem worth the hassle. I don't think he's using it, but may have just TM'd it because it is such a killer name for an exercise class.
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Ask, they can only say no!

Sometimes people have an idea and then decide against pursuing it, therefore you might just get a good name for very cheap. You might even be able to negotiate to licence the name or a few pence in the pound of income. Only you would know if it is worth it to you.

Good choice to not bother trying to trademark a similar name. The IPO office contact holders of identical or similar marks when you apply for a new mark.
 
Hmm frustrating for her, I'm not sure if there's not another argument against just holding a trade name with no trading going on, seems to me a trade mark is about protecting trading of some sort, its not like he can sue for loss of earnings or anything... shame, maybe, for the future, just ask if he will sell it just to see what the price is.
 
Oddly, I spotted an article in a Federation of Small Businesses magazine about trademarks and the importance of getting the copyright of them. Found an article on line HERE.
 
Thanks guys. I'm going to email the guy and see if he's open to selling the rights.
 
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