Trademarks and intellectual rights

[gingergenie]

Hope someone can point me in the right direction!
I run a business. Name not trademarked but business has been trading as this name for 9 years. I have recentlay been approached by a company that with to register the name with the trademarks people. What is my position? I have said that if we have to rebrand we will expect compensation. Can we do this? Advice please as it's totally outside my realms of experience!

Could it be a con? Ask Trading Standards for advice?

If their goods and/or services are completely different to yours it may not affect you at all. You need to find out for what classes of goods and services they intend to register the trademark and see if your business falls into the same category. If you are in a different category it doesn't really affect you. So if, for example, they want to register the trademark for selling baked potatoes that would affect you if you are operating a catering business but it wouldn't stop you using the same name for, say, a building company (or even trademarking it yourself).

If their goods/services are similar to yours you may be able to stop them from registering their trademark. In that situation you could choose to accept a payment from them to buy off your objection. Indeed, they may offer a payment to head off a possible objection even if the goods/services aren't that similar. If you would rebrand your business make sure that they pay you enough to cover the full cost, including notifying existing customers.

You may well need legal advice with this. Consult a lawyer who specialises in intellectual property rights. There will be a cost but it could save you a lot of money in the long term.

Hi this is my area. I think It's a scam. If they wish to register their name that is precisely what they will do, not tip you off.

Www.ipo.gov.uk is your starting point

Thanks all. V helpful x