I own a bakery called Zerrah Biscuits. I’ve trademarked Zerrah and Zerrah Biscuits.
Someone has set up a bakery a few hundred miles away called Zerrah. It’s a word for a special type of sugar biscuit in my language.
My lawyer says he can send a cease and desist letter but they will probably refuse now that they’ve paid for a shop sign and everything, and I can’t afford to take them to court. He says even if I did take them to court I’d be unlikely to win, because their logo and font and colour is different so they’re clearly not “passing off” as me, I’m not making any losses due to them taking business from me, and they’re not benefiting from using my name because I’m not known in that city.
I’m seeking a second opinion. Is this correct? I thought if I trademarked it nobody else could use it? But this doesn’t seem to be the case?