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Trademark Query - similar trademarks
13-Jan-2023 (In Trademark & Copyright Law)
We are Folivora London, and are looking to sell on Amazon FBA, and have now just found out that a trademark has been filed with our company name.
The logos would be different, as well as the actual company trademark name.
There's is showing as FOLIVORA, we would want to apply as FOLIVORA LONDON. Their details are below for the registration, which is still not showing as registered.
Their logo is the wording FOLIVORA with an image of a sloth on the left. Ours would show FOLIVORA and LONDON underneath.Â
UK00003523188
Status:Application Published
Mark text:FOLIVORA
File date:17 August 2020
Classes:24
We would like advice on how to proceed. Specifically we were looking to create our brand under MORE THAN one class as our plans are to sell more categories in the near future. In looking at the .gov website, they mentioned a letter of consent may be needed?
Do you think we can apply without consent, or are our trademarks too similar?
Thank you for your help!!!
If your Folivora is already a registered trademark and in case somebody else has also applied for the same, then you may file your objections with trademarks registry. you have not mentioned your length of usage. you can also send them legal notice as per trademarks law and seek injunction from their usage.
Helpful?
Adv. Rajinder Pal Singh
Delhi | 200+ Answers
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Dear ma'am/sir
I understand that the business you're foraying into requires IPR protection and the need of the hour is to get your Trade Mark registered. Generally two similar trademarks cannot be registered in the same class. however, there are ways where you can proceed with the same. would require few more details to advice you on the same.
I understand that the business you're foraying into requires IPR protection and the need of the hour is to get your Trade Mark registered. Generally two similar trademarks cannot be registered in the same class. however, there are ways where you can proceed with the same. would require few more details to advice you on the same.
Helpful?
Adv. Abhinav Sharma
Delhi | 500+ Answers
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If you are aware of a similar registered trademark existing in the market, you must seek consent before getting your trademark registration as not doing the same May result in trademark infringement. If you wish to apply for a trademark in similar category or more categories then you must do so by applying for the same at the relevant authority along with the consent letter or an NOC from the holder of the similar trademark
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Adv. Mira Mukhi
Delhi | 25+ Answers
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