Trademark Problem - HELP

[KatieValerie]

Hi All
I have been selling products for over a year under a name that has now been trademarked in the last 7 days this name is used extensively worldwide. The company that has had the trademark has been clever and has gone ahead to get it on Wikipedia.We have literature, products imported, websites already made promoting the products which they have asked me to stop selling and promoting within the next 7 days or commence legal action and get rid of any content with that information on. The name is used extensively on the continent and US and I am also importing products under that name from the continent? They have also started going to online shop platforms asking them to take down my products due to trademark infringement... What would you suggest I do and do I have a solid case here based on my facts. Please help as much as possible

I get it that you're looking for a trademark specialist to come and advise whether you have a worthwhile case, but if no one turns up to advise in the next 48 hours you really ought to be paying for some advice. You are a business, this is your livelihood, and taking paid for advice when your business is being threatened is one of the costs of doing business. There are no shortcuts. If your business is a limited company you have a fiduciary duty to the company to act on best advice. I strongly suspect going on to MN does not constitute obtaining that best advice.

You need a trademark solicitor. Ideally when the application went in, but now is the second best time.

Don't wait for random internet advice, this could cripple your business.

If you have evidence that you were using the trademark before it was registered you may be able to argue prior use. Indeed, their letter may constitute an unjustified threat which would alllow you to take action against them. But, as others say, you need to take proper advice from a lawyer who specialises in intellectual property law.

prh is right.

Do the companies you import from have a registered traed mark which is similar in the UK? They might be prepared at their expense to take this company on.

I assume the new trade mark has been registered rather than just advertised as going to be - do check the UK IPO register to see if it is registered.

If the new company using their trade mark for the same kind of products as yours?

I am.a trade mark lawyer. You need to go to a solicitor for advice urgently, or agree to what this company want. Otherwise, you risk being found liable for trade mark infringement and the other side's legal costs.

It isn't possible to tell you whether you have a good case on the basis of your OP, but it doesn't sound great. You would need to show that you used the mark before the other company used it, in relation the the relevant goods/services, in every country in which you are both using it, to succeed. That is an over-simplified analysis of the legal issue. This is a specialist area of law and you need specialist advice on your situation.