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Old 07.11.2012, 07:26
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Trademark help

Dear Experts,

In order to expand my business idea to UK,
I try to do my trademark registration in UK staying from Switzerland.

But I see there is already existing a Trademark with the same Nice Class.
with small differences in word.
Its only on word trademark, no designs or logo

let say with an example.
in UK existing registered trademark is --> Mr Universe
my trademark will be --> Mr XXXX Universe

My question is, if i apply with my trademark in UK or in EUROPE, will that be acceptable which has same NICE CLASS in both UK registered and mine.

Many many thanks for your help

Cheers
k
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Old 13.11.2012, 13:55
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Re: Trademark help

To answer this, you will have to ask yourself the following questions:

- Will the other business mind?
- Is there any option of confusing the two trademarks?

Since your name is very similar AND it is the same Nice class, I would assume that you will not be able to register successfully. If you are successful, the business who registered the original trademark may still challenge your registration later on, and may succeed in having it removed.

Therefore, if at all possible, use a different name.
Hope this helps.
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Old 16.11.2012, 10:46
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Re: Trademark help

Quote:
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To answer this, you will have to ask yourself the following questions:

- Will the other business mind?
- Is there any option of confusing the two trademarks?

Since your name is very similar AND it is the same Nice class, I would assume that you will not be able to register successfully. If you are successful, the business who registered the original trademark may still challenge your registration later on, and may succeed in having it removed.

Therefore, if at all possible, use a different name.
Hope this helps.

Thank you for your post.
We found that, in some European countries they just accept the Trademark registration without doing any research (whether it exist or not). eg:in UK.

If i apply i do get the trademark registration but the other person who has the similar trademark must oppose my registration in court.

But we also found out that, the other person who has similar trademark is belongs to common public property.
eg: "Mr" is a public property and also "Universe".
Those words cannot be accepted as Trademark registration unless you change your Nice Class, Goods & Services.

we must have to change our classes as well and waiting to get the final words from the authorities
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