From: Mr X 
Newsgroups: uk.legal uk.misc uk.finance
Subject: Re: Patenting a name.
Date: 18 Nov 2006 11:59:02 -0600

In article , Norman Wells
 writes

>In message , Mr X  writes
>>In article , Norman Wells
>> writes
>>>
>>>However, it's nothing to be proud of that you've registered a mark that
>>>is used by another company in the same market sector.  In fact, it's an
>>>admission that your trade mark registration is almost certainly invalid
>>>and unenforceable against anyone else.  So, from what you say, it seems
>>>your registration certificate may be just a worthless bit of paper.
>>
>>You are absolutely correct, somebody has done that to me.
>>
>>The fact that they *deliberately* registered a trademark that they
>>*knew* someone else in the same trade was using and had used for a long
>>time speaks volumes for their lack of integrity.
>
>But it doesn't matter really.  All they've done is pour good money into 
>obtaining a registration that can't be enforced.

Quite so!

In many ways my position is strengthened

>>Their searches by their agent were defective and I have correspondence
>>with them and ample proof of my own common-law trademark rights
>>predating their limited use of the name by quite a few years.
>
>That's a bit harsh on the poor old agent, I reckon.

Sorry I didn't mean it that way. He wasn't instructed clearly.

>  He can't be 
>expected to know every single trade mark that's in use in the UK on 
>every piece of merchandise, any more than the Trade Marks Registry can. 

I don't agree. Google is your friend!

>There's just no way of finding that information out, and I bet he told 
>his client just that. 

Wrong! Google is your friend!

And the client was already well aware of our existence. I have more than
ample proof of that. At the time (late 80's) our adverts even appeared
next to his sometimes!

>  What the agent will have done is conduct a 
>proper and thorough search of *registered* marks, which he should of 
>course have got right. But your mark wasn't registered, you say, and so 
>may not have popped its head over the parapet.

I would expect any half-competent search agent to at least use a search
engine and do an Internet domain name search.

>It's one of the advantages of registration that, if anyone does try to 
>register a similar mark in your field, the Trade Marks Registry itself 
>will prevent him doing so.  Otherwise, it's down to you.

As above. We are in the 21st century now...
-- 
Mr X