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  • #1233742
    CPJ
    Participant
    • Total posts: 4
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    Hi everyone, not exactly new here, but until now haven’t really needed to ask a question that wasn’t already answered. My business name is trademarked, it’s 4 words written as one with the first letter of each word a capital and in Clicker script. I sell handmade. there is a B&B in another state that uses the same name but it is written as 4 different words. Is that OK for them to use the same name? it was my understanding that my trademark only applies to my particular goods and services, and the way the name is written. However my business mentor suggests otherwise. Can someone help? Thanks

    #1233752
    Paul – FS Concierge
    Keymaster
    • Total posts: 3,321
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    Hi And Welcome to Flying Solo.It is great to have you!

    Thank you for joining our community and posting.

    Perhaps @jacquipryor can help?

    She is a Trademarks expert. Some would even say, guru.

    Cheers
    Paul

    #1233779
    Cec Busby
    Keymaster
    • Total posts: 25
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    Hi and welcome,
    Here is my understanding.
    You can have identical trademarks co-existing on the Australian trademarks database.
    The reason being trademarks are registered in respect of particular goods and or services that fall into various classes. Because of this, it is possible for there to be two identical trademarks with the same name that are registered by different owners and cover different goods or services.
    I imagine handmade products are in a different class to providing an accommodation service…
    Cheers
    Cec

    Cec Busby Editor Flying Solo
    #1233783
    CPJ
    Participant
    • Total posts: 4
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    thanks Paul

    #1233784
    CPJ
    Participant
    • Total posts: 4
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    Thanks Cec, that was how I understood the trademark, but it’s good to be certain. Much appreciated.

    #1233863
    Tim Gundry
    Moderator
    • Total posts: 13
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    Hi CPJ, I recall a similar question by a forums member a few months back. Here is the link: https://www.flyingsolo.com.au/forums/topic/someone-has-started-to-use-my-business-name-in-a-different-state/
    You may find some of the correspondence useful. Tim

    #1234313
    Jacqui Pryor
    Participant
    • Total posts: 9
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    Hi CPJ,

    Sorry for the late reply as I have just seen this thread.

    Obviously without knowing the precise name involved it is tricky to advise, so, please take this as information only (feel free to get in touch with me, jacqui@mmwtrademarks.com.au with the specifics and I’d be happy to comment further).

    Ultimately, whether the use of the same or similar name by someone else infringes your trade mark comes down to whether there is a real risk of confusion between the two. The nature of the goods/services are certainly relevant. Is there a risk a consumer will confuse a B&B business with the goods covered in your trade mark? If, for example the B&B operators were producing handmade goods then we’d look at the precise type of goods (e.g. if one produces clothing and another food, there’s no immediate overlap).

    The other thing to consider in these matters is reputation – if you can demonstrate a particular level of reputation in your brand, you may have grounds to ask the B&B to rebrand – in addition to your registered trade mark rights.

    Finally, if you have only registered a particular ‘logo’ get up of your trade mark, it may be worth registering the words separately in plain text as this can often be stronger in terms of protecting your trade mark.

    Again, sorry for not seeing this sooner and please do feel free to get in touch if I can assist at all 🙂

    All the best, Jacqui

    Jacqui Pryor Trade Marks Attorney A Free Trade Mark Search is a good first step to ensuring your business name, brand name or logo is safe to use and to ensure it can be protected. Get yours here.
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