Is there anyone who can advise regarding trademarks?

[teenagedirtbagbabi]

Looking to trademark my business name but there are two words of it that are trademarked by another company in the uk.

The sales categories are completely different - we aren't selling the same item or attracting the same customers. Both are product based.

The trademarked words from the other company are of a product from 1989 (not a particular brand - just seems to be the name of the product that appears to be long discontinued), not the actual business name.

I want to trademark my business name using the two words and another word which differentiates me entirely from the other company too. So both have completely different products anyway. Hopefully whoever reads this can understand all of that!

Eg. The company could have trademarked the words 'orange tree'

The business name i'd want to use would be 'orange tree decor'

Would I be allowed to trademark this in the different category?

Thank you in advance if anyone can help!

🙏😬

It is possible to register a trademark that is identical to an existing trademark provided it is in a different class.

As above, the trademark only applies to the class registered. Also are you trademarking the word in plain text (which can be hard for some words), a workmark (eg particular style of text) or a logo or something else? This will all determine any conflicts with other trademarks. Check the expiry date of the similar marks as well.

Thank you!

@WhatdidIdoyesterday

Omg I have no idea - I'm totally new to this. I've had my business name for a few years but only recently came upon the 'orange tree' part being trademarked but not in my category so I've panicked.

I'm just trying to trademark my business name - no logos. Just the name so I feel protected. Sorry I sound so thick!

Most firms are happy to have an initial 30 min consultation free of charge and may be able to give more accurate advice once they've reviewed the position. The CITMA website has a tool for finding trade mark attorneys. I'd start there OP!

@FieldView

Oh really? I think I'd feel rude asking that 😬 from what I've researched it looks like I would be ok but I'm obviously no expert!

On definitely! I'd recommend reaching out to the smaller firms though, rather than the massive ones. You can always fire off the same email to a few different firms and and see who comes back (and who you like the sound of). It's worth a try!