Someone else using my business name

[mehfruittea]

I hope someone can guide me on this.

I have a ltd company but only just recently registered. I trade under my registered name.

When I registered the business I also registered the name as a trademark. This was accepted and registered.

Searching my business name recently, I found someone else trading with my name. It's the same product category but different suppliers and items for sale.

I know I can send a cease and desist letter, but what else should I do? Can I write it myself or do I instruct a solicitor? How much would you expect it to cost? Can I recover my costs at all?

TIA

Are you a member of your local Chamber of Commerce? If so I'd give them a ring. Ours covers some legal services and they might have a suitable 'standard' letter. They will certainly have come across it before I'd have thought. Good luck.

Thanks for the reply. I’m not a member, I’ve not long been in business, this is my first year.

Who had the name first?

If you are in year 1 it might definitely be worth checking them out. My husband got loads of help and start up grants. He did have to use their legal services too. I say check it out as we've lived in two different areas and he didn't join one because it was really very expensive. The one where we now live is much more reasonable.

I would do a bit of research into the company. Who owns it, how long it has been trading, what kind of online reviews they have

I think they might have had the name first, but it didn't show up when I checked companies house initially and a quick google search. I've found some in America as well but not bothered about them too much as I didn't apply for worldwide trademark (is there such a thing? Or does mine in the uk cover worldwide?)

Also, there was a 2 month waiting period for the trademark to give any other business a chance to object, which no one did. So I'm not sure that it matters who used the name first, does it?

No, there is no such thing as a worldwide trademark. There is a European trademark which applies across the EU but that is all.

I'm afraid it does matter who used the name first. If the other business was using it first it may qualify as an unregistered trademark. If that is the case the other business may be able to have your trademark registration invalidated. They can't take action against you for infringing their trademark as it isn't registered but they may be able to take action for "passing off", i.e. leading customers to believe that you were them. You need to get advice from a lawyer who specialises in intellectual property.