Will this qualify as as TM issue?

[infoconsultants]

Hi Members

I found a name which happens to be a class 3 trademark in UK(Bleaching and cleaning preparations and substances for laundry use; toilet soaps; perfumery, perfumes, talcum powder for toilet use; essential oils; hair lotions; toothpastes; sun-tanning preparations; cosmetics preparations for baths; shaving soaps; toilet waters; make-up; cosmetic preparations for skin care; lipsticks; nail varnish; shampoos; all included in Class 3).

For trademark what I understand is that it is specific to the trade which you are opting it for. If I use the above name which is very generic,say to sell ham burgers. Will it qualify as a TM infringement issue.

I know the question is a bit vague in its sense but with only this information please suggest should I register it or leave it

Thanks

Oh I found the answer.. the name itself is a trademark to 2 different companies in different classes 03 and 05. So that means one trademark text can be owned by multiple people/Org albeit in different trade classes.

Please correct me if I just jumped the gun

 

[JoshuaPz]

Correct. Trademark = Trade + Mark. The combined "trade" (i.e. scope) and mark uniquely identify a TM, not one or the other.

As an analogue to your case, if company XYZ, Inc. owned a TM on "Reaper Burger" for bleach and sold that bleach via their online hub at ReaperBurger.co.uk, you're protected under TM laws in any country if you register ReaperBurger.com and sell hamburgers on it. Just be very careful not to park your page or show any PPC ads; the moment you show one that links to ReaperBurger.co.uk, XYZ, Inc. has a basis for suing you.

Now, that doesn't mean XYZ, Inc. won't TRY to file litigation against you, hoping you will fall prey either to ignorance or financial inability to respond. So registering ReaperBurger.com would still represent a risky decision. It's your call.

 

[infoconsultants]

Thanks JoshuaPz. Rep added

 

[philski]

if in any doubt,,, dont reg it..